The United States Supreme Court has the final word with regard to the interpretation of the United States Constitution, including the Fourth Amendment. The Fourth Amendment prohibits the Government from engaging in unreasonable searches and seizures. It requires, subject to a growing list of exceptions, the Government to obtain a…
If a motorist is suspected of Driving Under the Influence (DUI), law enforcement will request breath and or blood tests. There are two types of breath tests that must be distinguished. Before police can make an arrest for DUI, they must have probable cause to believe the driver has committed…
In Illinois, a first time offense for Driving Under the Influence (DUI) may result in a dismissal, a conviction or court supervision. In a court supervision scenario, the offender pleads guilty to the DUI charge. (730 ILCS 5/5-6-3.1) In return, the judge imposes certain conditions upon the driver that he…
New York state has implemented legislation that will require police to demand blood-alcohol tests in any case in which there is an accident that results in death or serious personal injury. At present New York law authorizes such testing only if police suspect the driver is guilty of DUI (Driving…
It should come as no surprise to anyone that Driving Under the Influence, or DUI, is illegal. And because the law assigns criminal penalties, which can include both fines and jail, as well as probation, community service, alcohol evaluations and classes and Victim Impact Panels, to a violation of the…
Every state has a constitution and a supreme court that provides the ultimate interpretation of matters that arise under that constitution. Similarly, there is a Federal constitution which the United States Supreme Court interprets. In the event of a conflict between the two, the Supremacy Clause of the United States…
The term “first offender” seems straightforward but Illinois DUI law gives it different meanings depending upon the context. For the Statutory Summary Suspension (SSS) laws, it has one meaning. The DUI criminal statute defines it another way. And for someone seeking a driver’s license reinstatement hearing, there is another set…
A vast majority of cases charging driving under the influence, or DUI, end up with a plea to a DUI conviction, court supervision, a reduced charge such as reckless driving or a dismissal. There is a common misconception that hiring a lawyer automatically results in a “better deal”. The reality…
A recent report refers to a driver who was involved in a fatal crash where he was allegedly drunk but was not at fault and still charged with a felony. This can make sense only with an understanding of Illinois DUI law. “DUI” refers to Driving Under the Influence. The…
In Illinois, DUI means Driving Under the Influence. For instance, under 625 ILCS 5/11-501, it is illegal to drive under the influence of alcohol. It is illegal to drive under the influence of any illegal drug, including marijuana. Although it is legal to drive while using a prescription medication that…