In some states, for instance, Vermont, a refusal to submit to a breath test can in and of itself be a crime in addition to the separate crime of Driving Under the Influence (DUI). At the present time, in Illinois, the rules on refusal are different from those in Vermont…
Illinois DUI Lawyer Blawg
Federal safety agency proposed Interlock devices for all DUI offenders
While the benefits to public safety are questionable, the industry that provides Interlock Ignition devices is no doubt thrilled that the federal government has proposed mandatory use of their machines even for first time DUI offenders. The National Highway Traffic Safety Administration (NHTSA) is probably the most influential voice in…
Why you should refuse the standardized field sobriety tests
If you are arrested in Illinois for Driving Under the Influence (DUI) and are not dead, unconscious or seriously injured, the officer will ask you to perform what are known as Standardized Field Sobriety Tests (SFST). Following these tests, the officer will ask you to take a Preliminary Breath Test…
Illinois BUI (Boating Under the Influence) law bears similarity to DUI.
The State of Illinois has a law that prohibits the operation of a motor vehicle anywhere in Illinois while under the influence of alcohol, other drugs and intoxicants. This Illinois DUI law currently applies only to land vehicles other than snowmobiles and bicycles. 625 ILCS 5/1-217 It is necessary to…
The marijuana DUI conundrum in Illinois
As far as Illinois DUI law is concerned, there are three general categories of offenses. The first and most common is DUI alcohol. Alcohol-related DUI can arise from impaired driving evidence due to alcohol. That would come about by the police officer’s observations of your driving, your conduct during the…
DUI blood tests are not foolproof
When a driver in Illinois has an encounter with law enforcement while the driver is in actual physical control of a motor vehicle as required by Illinois DUI (Driving Under the influence) law (625 ILCS 5/11-501), the officer may be looking for signs of DUI impairment. This can begin with…
Springfieid Illinois postmaster arrested for DUI
The United States postmaster assigned to Springfield Illinois was arrested for Driving Under the Influence (DUI). DUI arrests typically follows a similar pattern. At the time of any traffic stop, the officer will be looking for signs of impaired driving. One of the early indicators of impaired driving involves the…
Dash cam videos of Illinois DUI arrests and DUI discovery expansion
Many arrests in Illinois for Driving Under the Influence (DUI)are recorded by a camera affixed to the dash of the officer’s squad car. In fact, Illinois State Police are required to record all DUI arrests and preserve the video. However, court cases have stated that there are no consequences for…
Court supervision restrictions, including DUI, in Illinois
Court supervision in Illinois is a valuable tool. For example, a conviction for Driving Under the Influence, or DUI, requires the Illinois Secretary of State to revoke your driver’s license, which is more severe than a driver’s license suspension. 625 ILCS 5/6-205 Unlike a driver’s license suspension, which ends automatically,…
Drugs and Driving Under the Influence in Illinois
Driving Under the Influence (DUI, DWI, drunk driving) in Illinois is illegal under several different scenarios. You can be charged with organic DUI, or in other words, DUI based upon proof of alcohol impairment. This is shown by the police officer’s observation of your actions and conduct from the moment…