Until recently, Illinois Rules of Evidence 803(6) prohibited the state from introducing medical records in criminal cases. The Illinois Supreme Court took the extraordinary measure of amending Rule 803(6) in a recent DWI case, however, effectively changing the landscape for the prosecution of DWI crimes for years to come. If…
Illinois DUI Lawyer Blawg
Illinois Police Routinely Ticket Children in School for Minor Infractions
It is important for children to learn about all aspects of the criminal justice system, including the procedural rules, the rights of criminal defendants, and the penalties imposed for certain crimes. Few would agree, though, that their education should involve prosecuting school-age children in a manner similar to how criminal…
Illinois Police Involved in a DUI Accident During the Investigation of a DUI
If the Illinois police suspect a driver is operating a vehicle while intoxicated in violation of the law, they will typically stop the driver to conduct an investigation. While many DUI investigations occur on residential streets, some happen on highways which generally requires the investigating officer and the driver being…
Kansas Court Rules Out of State DUI Convictions Can Count as Prior Offenses
Most states have comparable DUI laws. Specifically, a state must typically prove that a driver was operating a vehicle while under the influence of alcohol or with a blood-alcohol level of .08% in order to convict the driver of a DUI offense. Despite the similarities in state DUI laws, many…
Utah Lowers DUI Blood Alcohol Concentration Threshold
In the vast majority of states, a person can be convicted of DUI if they drive with a blood alcohol level of 0.08% or higher. In Utah, however, the threshold is much lower. Reportedly, the recent reduction in the legal limit did not result in increased DUI charges but instead…
Pennsylvania Court Overturns Refusal Conviction Due to Language Barrier
Many states have implied consent laws. In other words, when a person obtains a driver’s license, the law states that they impliedly consent to submit to a breath test if they are under investigation for DUI. In many states, if a person suspected of DUI refuses to provide a breath…
Illinois Secretary of State Adopts New rules that Will Provide Many Drivers with Restricted Driving Permits that will Substantially Expand the Limits of Permissible Driving
Beginning January 1, 2022, the Secretary of State has adopted new rules that will expand driving privileges for persons who have two or three DUI convictions. Under the current permits, driving is limited to specific purposes and specific days, hours, and distances. The new rules will make an RDP available…
Attorneys Challenge Nevada’s Marijuana DUI Laws
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…
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…