It has not (yet) reached the point where the police can stop the operator of a motor vehicle for no reason whatsoever. You are protected from “unreasonable searches and seizures“. Judges decide where to draw the line between reasonable and unreasonable searches and seizures. When you are in your house,…
The Fourth Amendment to the United States Constitution prohibits “unreasonable searches and seizures”. An arrest, including a DUI arrest, constitutes a seizure. If a court (judge) finds that a seizure is unreasonable, the arrest is deemed illegal. For the most part, any evidence gathered as a result of the arrest…
On April 21, 2011, the Illinois Supreme Court, in a unanimous 7-0 opinion, issued a ruling important to Illinois DUI lawyers. Understanding the decision requires some knowledge of Illinois DUI law. The state has several methods at its disposal to sustain a DUI charge. The traditional means is to prove…
If you are arrested for Driving Under the Influence (DUI) in the State of Illinois, you immediately have two cases. One involves the criminal case (jail, fines, probation etc). The other involves the driver’s license. Your driver’s license will be suspended for a period of time, anywhere from 6 months…
If you have been arrested for Driving Under the Influence (DUI) in Illinois you may be eligible for an MDDP during the time your driver’s license is suspended. During a DUI arrest, you will be asked to provide the police with a breath or blood sample to determine whether your…
If you are convicted of Driving Under the Influence (DUI) in Illinois, your driver’s license will be revoked. In order to be allowed to drive legally, you must have a hearing with the Secretary of State. There are certain steps for you to take in order to prepare for such…
“Civil rights” refers to your right to be free from overreaching government action. There was a time when someone arrested for Driving Under the Influence (DUI) enjoyed the same civil rights as every other citizen. Not so much any longer with DUI (and a few other politically unpopular crimes). In…
In Illinois, if you are convicted of Driving Under the Influence (DUI), the Illinois Secretary of State is required to revoke your driver’s license. The revocation could be for 1, 5 or 10 years, depending upon your previous record. By law, a revocation can only be undone through a driver’s…
It is well known that Illinois will revoke or suspend your driver’s license for Driving Under the Influence (DUI, DWI) convictions. Whether you will be suspended or revoked depends upon the particular situation of your case, as does the length of the suspension or revocation. DUI convictions can result in…
If you are arrested for DUI, your driver’s license will be suspended on the 46th day following the arrest. The suspension will be for 6 months, 12 months, or 36 months. How long will depend upon your record and whether or not you provided a blood or breath sample. If…