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…
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…
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…
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…
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…
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…
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…
In Birchfield v. North Dakota, the United States Supreme Court ruled that a warrant is required to obtain a blood test from a DUI suspect, and that a DUI suspect could not face criminal penalties for refusing to submit to a warrantless blood test. Birchfield did not address, however, what…
The United States Constitution prohibits unreasonable search and seizure, which means you cannot be stopped and you and your property cannot be searched without just cause. As set forth in State v. Walker, the right to be free from unreasonable search and seizure has been applied to suppress evidence obtained…
Birchfield v. North Dakota, which was decided by the United States Supreme Court in 2016, continues to raise questions in courts throughout the country as to how DUI cases can be prosecuted and what evidence can be admitted against defendants charged with DUI. Recently, in Vermont v. Rajda, the Vermont…