Many states have implied consent laws that provide that licensed drivers must agree to submit to breath tests. As such, if people suspected of DUI refuse to provide breath samples, they often face additional charges and civil penalties. While typically, the failure to conduct a breath test is due to…
Illinois DUI Lawyer Blawg
Legislation Pending in Illinois Could Change the Right to Access DUI Records
A DUI conviction often not only results in criminal penalties but also impairs a person’s job prospects and relationships. While in many states, people convicted for DUI offenses may be eligible to have their records expunged, Illinois is not currently one of them. A new bill seeks to change the…
Can Someone be Convicted of DUI Following ATV Accident in Illinois?
Most DUI charges arise out of the use of cars, trucks, and SUVs on public highways. DUI statutes are not always limited to the operation of standard vehicles, though, but often apply to the use of any motor vehicle on a public road. This was demonstrated in a recent Florida…
Can a Driver in Illinois be Charged for Marijuana-Induced Impairment After a Fatal Crash?
While in many states, the use of marijuana for recreational or medicinal purposes is legal, a person may nonetheless be charged with a DUI for operating a vehicle while impaired because of the use of marijuana. The police must have grounds to arrest a person for a DUI, though, and…
Could Breath Test Inaccuracies Result in New DUI Trials in Illinois?
The majority of DUI charges and convictions arise out of the results of a blood or breath test that is administered by the police during traffic stops. In many cases, the court and prosecution take for granted that the results of such tests are accurate, but that is not always…
New Jersey Singer Arrested for DUI Crime
Few people are as beloved in New Jersey as the entertainers that hail from the state. Thus, when news broke that a famous singer was arrested and charged with a DUI offense, it sent shock waves throughout the area. Few details have emerged regarding the offense and what information is…
Are There Guidelines for Setting up DUI Checkpoints in Illinois?
If the police stop a person for suspicion of DUI, they must establish that the search is lawful; otherwise, any evidence arising out of the search may be deemed inadmissible. In other words, the State must demonstrate that the police had reasonable suspicion that a person is under the influence…
Prosecutor Files Lawsuit Against Judge Over Handling of Out-of-State DUI Case
Judges and prosecutors have distinct roles in the criminal justice system, and generally, they refrain from exercising powers outside of the scope of their authority. If they do overstep their bounds, however, it may lead to unexpected outcomes. For example, a prosecutor in North Dakota recently sued a judge, arguing…
Could a Defendant be Charged with Second-Degree Murder in a DUI Case in Illinois?
It is not uncommon for intoxicated drivers to cause collisions, and many DUI related accidents are fatal. Thus, a person may not only be charged with a DUI crime but other, more serious, offenses. Whether a fatality caused by a drunk driving accident constitutes murder, however, is unsettled throughout the…
Can a Person in Illinois Operating a Lawnmower While Intoxicated be Charged with a DUI Offense?
When people think of DUI crimes, they usually contemplate a person charged with an offense after being caught driving a car, truck, or SUV while intoxicated. In many states, though, a person can be charged with a DUI crime for operating any motorized vehicle. This was demonstrated recently in Kansas,…