The protections afforded by the Fourth Amendment of the United States Constitution prohibit the police from subjecting a person to an unreasonable search or seizure. In DUI cases, the right to be free from unreasonable searches and seizures has been interpreted to prevent the police from subjecting a person to…
Illinois DUI Lawyer Blawg
Georgia Court Rules that Evidence of a Refusal to Submit to a Breath Test is Inadmissible at DUI Trial
The laws regarding what evidence may be admitted at a DUI criminal trial continue to change throughout the country. In many states, including Illinois, the laws allow the State to introduce evidence of a defendant’s refusal to submit to a breath test as evidence of guilt at trial. Lately, however,…
Illinois Court Rules Miranda Violations Do Not Preclude Statements in Statutory Summary Suspension Hearings
Miranda warnings are heard in almost every television show about the criminal court system, and most people know that if you are placed under arrest the police are obligated to read you warnings regarding your rights. While a failure of an arresting officer to advise a defendant of his or her…
U.S. Supreme Court to Rule on Whether a Blood Draw from an Unconscious Driver is Unconstitutional
A hotly contested issue in DUI cases throughout the nation is whether a blood draw taken from an unconscious DUI suspect is unconstitutional. While the Appellate Court of Illinois recently held that a warrantless blood draw from an unconscious suspect who is not under arrest violates the suspect’s Fourth Amendment…
Illinois Court Finds the Motor Vehicle Code Does Not Impose Implied Consent to Chemical Testing Absent an Arrest
One of the many protections afforded by the United States Constitution is the Fourth Amendment right against unreasonable searches and seizures. Pursuant to the Fourth Amendment, a defendant cannot be searched without a warrant absent consent. While there are exceptions to this rule, the state bears the burden of proving…
Utah Court Rules Reasonable Suspicion Sufficient Grounds to Investigate for DUI
The grounds for detaining and arresting a driver suspected of driving under the influence vary from state to state. Utah, which arguably has the strictest DUI laws in the country, permits an officer to detain a driver due to reasonable suspicion of a DUI. Utah drivers can also be charged…
California Court Sentences a Defendant to Thirty Years in Prison for Second-Degree Murder Following a DUI Accident that Killed 6 People
In most if not all states, a DUI is a misdemeanor charge. Many states, however, also allow the state to increase the severity of a DUI charge and penalties if certain factors are present. In cases where driving under the influence of alcohol results in an accident that causes bodily…
New Jersey Supreme Court Ruling Dismissing Breath Test Results Due to Improperly Certified Machines Could Overturn 20,000 DUI Convictions
Whether the machine used to administer your breath test was properly certified could make or break the state’s case against you. Illinois regulations set forth several parameters and guidelines the state must comply with to ensure that any machine used to administer a blood or breath test is accurate. If…
Maine Supreme Court Rules Extrinsic Evidence Can Be Used to Establish Enhancing Factors for an Aggravated DUI Charge
Under Illinois DUI law, whether a DUI is charged as a misdemeanor or felony depends in part on whether any enhancing factors exist such as whether the defendant committed any prior violations of the DUI statute. While the Supreme Court of Illinois has definitively stated a previous conviction of the…
Nebraska Supreme Court Rules Evidence of a Refusal to Submit to a Warrantless Blood Test is Admissible to Show Guilt of DUI
The Supreme Court of the United State’s ruling in Birchfield v. North Dakota has resulted in countless appeals all over the country, as defense attorneys and prosecutors try to discern the implications of the ruling. One issue that frequently arises is whether the refusal to undergo a blood test without…