States around the country continue to legalize medical and recreational marijuana use. Even in many states in which consuming marijuana is legal, however, people can still be prosecuted for marijuana-related crimes, like DUI. The process of determining how to test for impairment caused by alcohol, and what levels of consumption…
Illinois DUI Lawyer Blawg
Wisconsin Contemplates Law Requiring Mandatory Disclosure of DUI Arrests with Other States
Most states have DUI laws that prohibit people from driving while impaired due to the use of drugs or alcohol or with a blood alcohol level that exceeds .08%. If a person is convicted of a DUI offense in a state other than the state that issued their license, it…
Illinois Court Dismisses Driver’s Claims that the Police Should be Liable for Failing to Arrest Him for DUI
While most drivers aim to avoid DUI arrests, one Illinois man sought to impose liability on the police for neglecting to detain him for DUI. Specifically, in a novel argument, he asserted that the failure to arrest him caused him to suffer subsequent harm. The courts were not persuaded by…
Missouri’s Open Container Laws Has Unintended Consequences
While the connection between DUI crimes and infrastructure seems tenuous at best, they are related in some respect. For example, in Missouri, a law that, in theory, increases the likelihood of DUI offenses triggered a shift of government funds from highway construction and repair to safety, resulting in a reduction…
Wisconsin Court Weighs Whether Medical Records Can be Subpoenaed in DUI Cases
It is well-established that the police must either obtain a warrant or consent to conduct a blood test on a person suspected of DUI. Thus, the results of a warrantless blood test that was administered without a defendant’s knowing consent may be suppressed. In some instances, though, the prosecution will…
House of Representatives Passes Infrastructure Bill Containing Provisions Mandating Impaired Driving Technology
In recent years, legislators, MADD, and other interested parties have pushed for legislation mandating that all new vehicles come equipped with alcohol detection systems that prevent people from driving while intoxicated. The Infrastructure Investment and Jobs Act recently passed by the United States House of Representatives included an Advanced Impaired…
Alcohol Sensors in Vehicles May Become Mandatory in the Future
In certain cases in which a person is convicted of DUI, the courts will order the person to install an ignition interlock device in their car. Typically, the courts will issue such orders in cases involving repeat offenders. The proponents of such devices typically argue that while their installation infringes…
DUI Defendant Files Civil Claims Against the Police Following an Unlawful Stop
People typically know that they can be charged with DUI crimes for driving while intoxicated, but they are often surprised to learn that they may face charges for simply sitting in their cars while under the influence of alcohol. While the law in most states allows for such charges, a…
Study Finds Dehydration Produces the Same Impairments in Drivers as Alcohol
It is well-acknowledged that driving while intoxicated poses a significant risk of harm to other people. As such, it is Illegal in Illinois. There are no laws barring people from driving while they are dehydrated, and despite the seemingly absurd notion that there should be, a recent article suggests that…
Montana Court Rules Testimony Via Two-Way Video Violates a DUI Defendant’s Right to Confront Witnesses
People accused of committing DUI offenses, like all criminal defendants, are afforded numerous rights under the United States Constitution. For example, under the Confrontation Clause of the Sixth Amendment, they have the right to examine their accusers at trial. If the State violates a criminal defendant’s Constitutional rights, the violation…