Someone who is arrested for Driving Under the Influence (DUI) may have questions about how long the DUI can be used against him. This issue can arise in several contexts but should not be confused with similar but different situations. A statute of limitations as a defense to a DUI…
One of the most devastating consequences of an Illinois conviction for Driving Under the Influence (DUI) is the loss of driving privileges that follows. By law, the Illinois Secretary of State is required to revoke your drivers’ license if you are convicted of DUI. 625 ILCS 5/6-205(a)(2) This can have…
The State of New York recently passed a law that if you have five (or more ) convictions for Driving Under the Influence (DUI), you may never again obtain a driver’s license. Under this law, if a revoked driver applies for reinstatement, the DMV will check the applicant’s driving record…
In an Illinois arrest for DUI (Driving under the Influence), law enforcement is entitled to ask you to take a breath or blood test to determine your blood alcohol contents (BAC). 625 ILCS 5/11-501.2 The officer, not the motorist, is entitled to determine which test to offer. Refusing one type…
Illinois law provides for different situations in which a person arrested for Driving Under the Influence (DUI) may be required to obtain a Drug and Alcohol Evaluation Uniform Report. It all begins with some sort of encounter with law enforcement, possibly a traffic violation which, according to Terry v. Ohio…
If you are arrested for Driving Under the Influence (DUI) in Illinois, you may be required to obtain an Illinois Alcohol and Drug Evaluation Uniform Report (Evaluation) An Evaluation is necessary as a condition of being sentenced to court supervision as well as when preparing for a driver’s license hearing…
There are numerous means by which a person under the age of 21 (youthful drivers) is acting against the Illinois Vehicle. 625 ILCS Chapters 2-6 and 11 contain the statutory law relating to Driving Under the Influences offenses in Illinois. Many of the Illinois traffic laws are written in broad…
Driving Under the Influence (DUI) is one of the most commonly charged offenses that Illinois traffic lawyers handle. In Illinois alone, about 50,000 such cases are filed each year. In order to sustain a charge of DUI, the state must prove that the defendant (the accused) was 1) operating or…
Historically, basic matters of public safety on non-federal highways have been handled by the states. Beginning in the early 1980’s, Congress started intruding on this traditional area of state law with reference to Illinois DUI laws (Driving Under the Influence). Rather than use persuasion, Congress employed a hammer, namely, money.…
If you are charged with Driving Under the Influence (DUI) in Illinois, and it is your first offense, you may be tempted to accept whatever offer the prosecutor makes to you. This may not be a wise choice once you understand the consequences of an Illinois DUI. You are headed…