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…
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…
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…
In any criminal matter, the prosecution bears the burden of proving, beyond a reasonable doubt, each element of the underlying offense. Thus, if the government cannot establish the corpus delecti or body of the crime, it should not be able to obtain a conviction. An Illinois appellate court recently discussed…
Relatively recently, the United States Supreme Court ruled that warrantless blood tests violate the Fourth Amendment right against unreasonable searches and seizures. The landscape of DUI law across the country changed in response to the Court’s ruling and continues to evolve, as demonstrated in a recent ruling issued by the…
It is the obligation of the police to uphold and enforce the law. Unfortunately, some officers go beyond the scope of their duties in a manner that violates the rights of the suspects they are investigating. For example, it was recently revealed that a police officer in Phoenix was altering…
DUI convictions can have lasting consequences that impact aspects of their life long after the matter is resolved. For example, in prior years, an immigrant could be deported for DUI offenses. While the law has since changed, the ramifications of prior DUIs may still be felt in certain instances, as…
Typically, DUI arrests arise out of traffic stops instigated because of suspicion of drunk driving. While people usually pull over when they are followed by a police car with activated lights or sirens, some do not notice that they are being pursued by an officer and keep driving. Although the…
Illinois is relatively close to the Canadian border, and people from Illinois and other nearby states often move there for work or other reasons but maintain their American citizenship. As in Illinois, driving while intoxicated is illegal in Canada. Recent changes to the Criminal Code of Canada, though, can result…
The police generally cannot stop a person absent a suspicion the individual is committing a crime or enter a person’s home without a warrant. There are exceptions to the general rule, however, such as cases in which the police are actively pursuing a criminal suspect who is attempting to evade…