Do you know whether the machine used to administer the breath test in your DUI case was properly certified? Most states, including Illinois, have regulations to ensure the accuracy of breath test machines. If the state relies on results from an improperly certified breath test machine in prosecuting a DUI case…
The State of Illinois appealed from the lower court’s granting of three co-defendants’ motions to suppress contraband found following a dog sniff of their car. This fall, the Illinois Court of Appeals for the Second District held that the dog sniff violated the Fourth Amendment because the traffic stop was…
After failing field sobriety tests, an Illinois defendant was arrested for DUI. At the police station, an officer read the defendant the required admonitions, and the defendant submitted to a breathalyzer test, showing his blood alcohol content was within the legal limit. Then, the officer requested that the defendant submit…
Pursuant to Georgia law, a trial judge may decide whether a procedure in question has reached a stage of scientific certainty. The trial court makes this determination based on evidence presented to it during trial, or based on exhibits, treatises, or cases from other jurisdictions. The trial court ultimately decides…
Excessive force is when a police officer uses force beyond what a police officer should reasonably believe is necessary. A police officer may be held liable for using excessive force during an arrest, traffic stop, or other detentions–such as during an Illinois DUI arrest. A police officer can also be…
The Fourth Amendment protects U.S. residents from unreasonable governmental searches and seizures. This fall, the Illinois Supreme Court was tasked with deciding whether an alleged hospital blood draw violated an Illinois DUI defendant’s constitutional rights. The defendant was charged with DUI following a motorcycle accident. He filed a motion to…
The Illinois DUI law provides, in part: “(a) A person shall not drive or be in actual physical control of any vehicle within this State while [under the influence].” The driving while license suspended or revoked (DWLSR) statute includes the following language: “(a) Except as otherwise provided in subsection (a-5), any…
The Fifth Amendment to the United States Constitution protects Illinois DUI defendants and those in other states from self-incrimination. The Georgia Constitution’s protection is broader. It applies to more than just testimony, also applying to coercive acts that generate incriminating evidence. This fall, the Georgia Supreme Court had to decide…
Washington State law defines “vehicle” to include bicycles. In 1995, however, the Washington Court of Appeals ruled that the state DUI statute does not include bicycles. While this case is not controlling law in Illinois, attorneys who help people charged with an Illinois DUI find its reasoning compelling. At about…
This summer, the Florida Supreme Court heard arguments regarding whether the state has sufficient rules for measuring the blood-alcohol levels for DUI suspects. The case arose after a Palm Beach millionaire was convicted of DUI manslaughter following a 2010 collision. His attorneys challenged the Florida Department of Law Enforcement (“FDLE“) rules…