On a daily basis, we read and hear about arrests for Driving Under the Influence (DUI). After an arrest occurs, the case follows two tracks. The first track has to do with the driver’s license suspension from a DUI arrest. In connection with a DUI arrest, you will be asked…
Articles Posted in DUI
What effect does a previous reckless homicide have on a new DUI charge?
Illinois has a reckless homicide law. 720 ILCS 5/9-3 In its simplest terms, reckless homicide involves doing something grossly dangerous and stupid that causes the death of another person, even if unintended. A classic case would be randomly firing a gun into a crowd. The reckless homicide law formerly provided…
If marijuana ever becomes legal in Illinois, would it be legal to drive high?
Illinois, as is the case with most states and the federal government, makes it illegal to possess marijuana. A few states recognize medicinal marijuana, which can be used with a prescription. A couple of states recently decriminalized (made legal) marijuana use. A topic for another time is how those states…
Why are some DUI cases dismissed?
There are approximately 40,000 Illinois DUI arrests each year. And that is just one state. Over the course of an entire year, in the nation as a whole, there must be hundreds of thousands of such arrests. In fact, we personally represent many Illinois residents who have been convicted of…
What is the difference in Illinois between a suspended and revoked driver’s license?
Suppose you are arrested for Driving Under the Influence (DUI) in Illinois. Such an arrest typically involves a criminal charge. If you are convicted, you face the possibility of being fined, sentenced to probation or jail, ordered to attend alcohol classes and a MADD panel, required to wear an ankle…
What might happen to Carlton Fisk?
Carlton Fisk was one of the great major league baseball catchers to ever suit up. He played for the Boston Red Sox from 1969 to 1980 and for the Chicago White Sox until he retired in 1993. In the 1975 World Series, cameras caught Fisk in probably the most iconic…
Is there a statute of limitations for an old DUI?
Someone who is arrested for Driving Under the Influence (DUI) may have questions about how long the DUI can be used against him. This issue can arise in several contexts but should not be confused with similar but different situations. A statute of limitations as a defense to a DUI…
When can blood tests be used against me in an Illinois DUI prosecution?
In an Illinois arrest for DUI (Driving under the Influence), law enforcement is entitled to ask you to take a breath or blood test to determine your blood alcohol contents (BAC). 625 ILCS 5/11-501.2 The officer, not the motorist, is entitled to determine which test to offer. Refusing one type…
Under what circumstances is a Drug and Alcohol Evaluation required in Illinois?
Illinois law provides for different situations in which a person arrested for Driving Under the Influence (DUI) may be required to obtain a Drug and Alcohol Evaluation Uniform Report. It all begins with some sort of encounter with law enforcement, possibly a traffic violation which, according to Terry v. Ohio…
What is an Illinois Alcohol and Drug Evaluation?
If you are arrested for Driving Under the Influence (DUI) in Illinois, you may be required to obtain an Illinois Alcohol and Drug Evaluation Uniform Report (Evaluation) An Evaluation is necessary as a condition of being sentenced to court supervision as well as when preparing for a driver’s license hearing…