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…
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…
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…
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…
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…
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…
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…