The offense of Driving Under the Influence is also known as DUI. Illinois DUI law provides that driving under the influence of alcohol is a crime. 625 ILCS 5/11-501(a)(2) In this type of DUI charge, the prosecutor will attempt to prove that your ability to act with reasonable care is…
The United States Supreme Court, in a case known as McNeely v. Missouri, issued an important decision related to Driving Under the Influence, or DUI, and search warrants. The Court decided that in most cases, before the police can force a DUI suspect to give blood, they must obtain a…
The charge of driving under the influence, or DUI, carries with it criminal penalties as well as consequences on a driver’s license. While a first DUI is serious and a second is more so, it only gets worse when you have a prior conviction for reckless homicide in connection with…
In many instances, an Illinois driving under the influence, or DUI is won or lost based upon the trier of fact (the judge or jury) receiving the results of a breath test. By way of background, there are two types of breath tests that a driver suspected of driving under…
In addition to making Driving Under the Influence (DUI) illegal, Illinois DUI law also has a class of offenses known as “aggravated” DUI. 625 ILCS 5/11-501(d) Aggravated DUI is a standard DUI with certain factors that the General Assembly has determined make it “worse” than standard DUI. Aggravating factors include…
An Illinois motorist was arrested for DUI in suburban Chicago. Nothing unusual about that but much of the media is in high dudgeon because there is evidence he was traveling 142 MPH. The defendant lost control of the 2008 Dodge Charger he was operating, struck a curb and flipped and…
In the 1980’s, the Federal government began inserting itself into DUI laws. Prior to that time, matters of traffic safety were left to each state. The Federal government strong-armed the states into accepting federal oversight by threatening to withhold highway funds for those states that did not play ball. The…
A Champaign Illinois police sergeant was arrested for DUI The arrest occurred in nearby Piatt County (Monticello). The DUI arrest was anything but routine. The cop was weaving across the Interstate so badly that other drivers called the police. The driver had slurred speech and an odor of alcohol. Thereafter,…
Illinois law on Driving Under the Influence (DUI) provides that “A person shall not drive or be in actual physical control of any vehicle within this State while:” [under the influence]. 625 ILCS 5/11-501 There are a number of issues involved in the quoted phrase. One is the matter of…
The focus of efforts in Illinois to reduce offenses for Driving Under the Influence (DUI) has taken three directions. The first is the criminal justice system, which has made DUI a serious crime. Even a first DUI conviction is a Class-A misdemeanor subject to a fine of as much as…