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Illinois DUI Lawyer Blawg

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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…

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Woman Highlights Harm Caused by Inappropriate DUI Arrests

Although most police officers are thoroughly trained in the signs of intoxication, their actions do not always comport with their training. For example, a woman in Phoenix, Arizona, was recently detained and charged with DUI despite the fact there was no evidence that she was intoxicated. The woman subsequently filed…

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Recent Cases Highlight Inconsistencies Regarding Miranda Rights in DUI Cases

It is a well-known fact that people taken into custody by the police must be advised of their right against self-incrimination via Miranda warnings. In some instances, however, an issue arises as to what constitutes a person being taken into police custody for purposes of evaluating whether incriminating statements should…

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Illinois Court Discusses Constitutionality of Prior Marijuana DUI Laws Following Recent Changes

As states throughout the country continue to decriminalize the use of marijuana, the laws regarding the operation of vehicles after ingesting marijuana continue to change as well. The changes in the law can drastically affect how marijuana-related DUI charges are prosecuted, as shown in a recent case arising out of…

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Court Discusses When Results of a Blood Test are Admissible Under the Good Faith Exception to the Fourth Amendment

The United States Constitution grants individuals the right to be free from unreasonable search and seizure. Recently, the United States Supreme Court held this right to include the right to be free from warrantless blood tests, in Birchfield v. North Dakota. The Birchfield ruling did not permanently resolve the issue…

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Wisconsin Court Rules DUI Suspect Cannot Withdraw Consent to Chemical Testing After Blood is Drawn

Following the Birchfield ruling, if a person is arrested for suspicion of DUI the arresting officer can only conduct a warrantless blood test on the person if he or she consents to the test, otherwise it constitutes an unreasonable search and seizure in violation of the 4thAmendment of the United…

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