All citizens are subject to the same criminal laws, including police officers. That does not necessarily mean that all crimes are investigated and prosecuted equally, however. This was demonstrated recently in Colorado, where a police officer who was found unconscious and intoxicated in his police car was not prosecuted for…
Illinois DUI Lawyer Blawg
Illinois Supreme Court to Decide the Issue of Whether the Smell of Marijuana is Sufficient Cause to Conduct a Warrantless Search
Although the recreational use of marijuana is now legal in Illinois, people who ingest marijuana must nonetheless do so responsibly. Thus, people who drive after smoking or ingesting marijuana may be charged with DUI if they are too impaired to operate a vehicle safely. The police cannot legally stop a…
Michigan Probe into Contractor That Calibrates Breathalyzer Machines Called Into Question
In the majority of DUI investigations, the investigating officer will administer a breath test to the DUI suspect via a breathalyzer machine. Thus, the prosecution’s sole or primary evidence in many DUI cases are the results of a breath test. Accordingly, the results must be accurate. Recently, however, it came…
Recent Study Discusses DUI Rates Throughout the Country
Although citizens in every state in the nation are charged with DUI offenses, some states experience a higher rate of DUI crimes than others. Recently, the United States Drug Test Centers conducted research regarding DUI trends throughout the country in the last several years and set forth a report delineating,…
Proposed Law Seeks to Make Ignition Interlock Devices Mandatory in New Vehicles in Illinois and Elsewhere
In some instances, when a person is convicted of a DUI offense, the person is required to install an ignition interlock device in his or her vehicle. Essentially, the device prevents people from driving while intoxicated by requiring them to submit to a breath test prior to driving. While ignition…
State Legislature Contemplates Modifying DUI Laws to Make it Legal to Sleep in Vehicles While Intoxicated
Many people are unaware of the fact that in most states, you can be charged with a DUI offense for sleeping in your car while intoxicated. Specifically, the law in many states dictates that a person can be charged with DUI if they are in actual physical control of a…
Recent Study Shows Legalization of Marijuana Reduces Alcohol-Related Crashes in Neighboring States
While the use of marijuana for recreational purposes is legal in a handful of states, many of their conservative neighboring states are not inclined to legalize marijuana. Additionally, many states that neighbor states where marijuana use is legal have expressed concerns regarding how the legalization of marijuana use outside of…
States Assessing the Impact of Legalization of Marijuana on DUIs and Other Crimes
While the use of marijuana is legal in many states throughout the nation, it has not been permitted for long, and the effects of the legalization of marijuana have only recently begun to be apparent. For example, Washington reporters recently assessed the consequences of the legalization of marijuana and laws…
North Carolina Brings Attention to Auto Brewery Syndrome as a Defense in DUI Cases
North Carolina recently called attention to a rare but notable condition that can affect DUI cases: auto-brewery syndrome. Although not many people suffer from the condition, it can cause unwarranted DUI arrests and convictions. While some courts throughout the country have been faced with the auto-brewery defense, it has not…
DUI Case Highlights Importance of Impartial Jurors
One of the many rights afforded to criminal defendants is the right to a trial by an impartial jury. Thus, prior to trial defense counsel and the prosecution will question potential jurors to assess whether they may be biased, and will challenge the selection of any impartial jurors. A recent…