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…
Illinois DUI Lawyer Blawg
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…
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…
Case Illustrates the Evidence the State Needs to Prove DUI Charges
A recent DUI case arising out of Florida illustrates how a defendant can avoid a DUI conviction if the State fails to follow proper procedures for gathering and maintaining evidence. In that case, the defendant was only convicted of a misdemeanor DUI charge despite the prosecution’s wish to charge her…
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…
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…
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…
United States Supreme Court Rules Blood Draws on Unconscious People are Permissible
Recently, the Supreme Court of the United States issued a ruling on a pressing issue in DUI cases: whether the Fourth Amendment bars states from conducting a blood draw on an unconscious person suspected of drunk driving. Prior to the decision, the states were divided as to whether drawing and…
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…
Study Shows DUI Laws Based on THC Blood Levels are Irrational
With marijuana use becoming increasingly legal, laws have been enacted throughout the country that allows drivers to be prosecuted for DUI based on the levels of THC in their blood. A recent study illustrated that THC levels may not accurately reflect a driver’s level of impairment, however, and deemed the…