In many states, people convicted of DUI crimes may not only face criminal penalties, but their licenses may be suspended as well. Additionally, in some states, DUI convictions that occur in other jurisdictions can impact a person’s driving privileges. Generally, there is a limit as to how long out-of-state DUI…
Most states have comparable DUI laws. Specifically, a state must typically prove that a driver was operating a vehicle while under the influence of alcohol or with a blood-alcohol level of .08% in order to convict the driver of a DUI offense. Despite the similarities in state DUI laws, many…
Illinois is relatively close to the Canadian border, and people from Illinois and other nearby states often move there for work or other reasons but maintain their American citizenship. As in Illinois, driving while intoxicated is illegal in Canada. Recent changes to the Criminal Code of Canada, though, can result…
In criminal cases throughout the country, the prosecution bears the burden of proving that the defendant committed the charged offense. Thus, the prosecution will typically conduct an investigation and engage in discovery to obtain any evidence that would imply or prove the defendant’s guilt. If the prosecution uncovers evidence that…
One of the tenets of DUI law throughout the country is that the police must have reasonable suspicion that a person operating a vehicle committed a crime or violated a traffic law prior to effectuating a traffic stop. Thus, if an officer lacks sufficient grounds to stop a motorist, any…
Although all states criminalize driving while intoxicated, a DUI conviction does not carry the same penalty in each state. Further, the states do not necessarily categorize subsequent DUI convictions in the same manner. Discrepancies in the treatment of DUI convictions among states can pose a problem if a person convicted…
Washington State law defines “vehicle” to include bicycles. In 1995, however, the Washington Court of Appeals ruled that the state DUI statute does not include bicycles. While this case is not controlling law in Illinois, attorneys who help people charged with an Illinois DUI find its reasoning compelling. At about…
The Washington Supreme Court recently considered whether a probationer convicted of DUI may legally be required to submit to a random urine test for drugs and alcohol. In an en banc opinion, the state high court affirmed the intermediate court’s holding that since the urine test was ordered to track…
In a case of interest to Illinois DUI lawyers, the founder of the International Polo Club raised 13 issues before Florida’s Fourth District Court of Appeal regarding his DUI manslaughter conviction. The appeals court affirmed, addressing only three of the issues raised by Goodman: (1) whether the State prematurely released…
When a motorist drives on a road in Pennsylvania, he or she is “deemed to have given consent” to chemical testing to determine whether he or she is driving under the influence of alcohol or a controlled substance (“DUI”), provided that a police officer first develops “reasonable grounds” to suspect…