Articles Posted in DUI

Many arrests in Illinois for Driving Under the Influence (DUI)are recorded by a camera affixed to the dash of the officer’s squad car. In fact, Illinois State Police are required to record all DUI arrests and preserve the video. However, court cases have stated that there are no consequences for the failure of the Illinois State Police to record an arrest.

In the case of People v. Kladis, 2011 IL 110920, 960 N.E.2d 1104, 355 Ill. Dec. 933, the Illinois Supreme Court addressed the consequences of the state failing to preserve a video even though the defense lawyer made a timely request for its preservation.

Five days after her arrest and 25 days prior to the first appearance, Defendant filed a Petition to Rescind the SSS and also served on the state a notice pursuant to Supreme Court Rule 237 (b) requesting production of all in-custody videotapes. At the first appearance, the videotape was not present.

The arresting officer testified that he had activated his dash camera prior to making the stop and described what the camera captured, namely, the substance of the arrest. The hearing was continued to a later date but not before defense counsel requested discovery pursuant to People v. Schmidt, 56 Ill.2d 572, 309 N.E.2d 557 (1974).

When the parties returned to court at the later date, the state advised the court that the video had been destroyed only hours prior to the first appearance, in accordance with departmental policy. The state did not dispute that it had received defendant’s Rule 237 notice prior to destruction of the video.

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Court supervision in Illinois is a valuable tool. For example, a conviction for Driving Under the Influence, or DUI, requires the Illinois Secretary of State to revoke your driver’s license, which is more severe than a driver’s license suspension. 625 ILCS 5/6-205

Unlike a driver’s license suspension, which ends automatically, restoration of driving privileges following a driver’s license revocation requires an administrative hearing with the Illinois Secretary of State. Such a hearing entails obtaining a drug and alcohol evaluation, possibly completing a 10-hour driver risk education course, as well as anywhere from 20 to 75 hours of alcohol counseling.

Furthermore, if you are high risk dependent (alcoholic), you will be required to stop drinking for at least a year before being eligible for driving relief. In addition, you must demonstrate to the Secretary of State that you have developed a support program to help you remain completely alcohol free for the remainder of your life.

Those who are dependent must also, through testimony or letters, prove from at least three independent sources their claim that they have not consumed alcohol for at least 12 consecutive months before the hearing. Similarly, they must provide letters or testimony from at least three members of their support group to explain their participation in the support program. Continue reading →

Driving Under the Influence (DUI, DWI, drunk driving) in Illinois is illegal under several different scenarios. You can be charged with organic DUI, or in other words, DUI based upon proof of alcohol impairment. This is shown by the police officer’s observation of your actions and conduct from the moment you are stopped to the time he releases you at the jail.

These garden variety observations for signs of a possible Illinois DUI arrest include how to conduct yourself leading up to the stop. Covered here would be how quickly you pulled over, your maneuvers while pulling over and your parking.

The officer would also observe your performance before exiting the vehicle. Here the police would be looking for any difficulties in retrieving your drivers’ license, insurance card and registration. It would extend to your ability to follow his instructions, to engage in a cogent conversation and to understand your location and surroundings. Finally, your speech, the condition of your eyes and your general physical appearance would come into play.

The next step in the observations is the so-called exit sequence. That would cover things such as any assistance you required in stepping out of the vehicle and in walking to the squad car. Moreover the officer would take your balance and coordination into account.

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The Illinois DUI law does not say that you must be “driving” a motor vehicle to be charged with DUI. The law reads in part: “A person shall not drive or be in actual physical control of any vehicle within this State while” (under the influence).

One issue involves what is a “vehicle”. Keep in mind, the law does not limit the offense to something that requires a license to drive or that requires having a license plate.

Any device or implement for transporting human beings, other than human powered devices and snowmobiles, is a “vehicle” (625 ILCS 5/1-217) As such, it is illegal to operate that device while under the influence. This includes tractors, riding lawn mowers, moped and ATV’s. 296 People v. Martinez, 296 Ill. App. 3d 330, 694 N.E.2d 1084, 230 Ill. Dec. 806, 1998 WL 229582 (1998) However, a bicycle, being human-powered, is not a “vehicle” and therefore not subject to the DUI laws. Standard Mut. Ins. Co. v. Rogers, 381 Ill. App. 3d 196, 884 N.E.2d 845, 318 Ill. Dec. 877, 2008 WL 795294 (2008)

Another aspect of the offense of DUI (Driving Under the Influence) involves where and when it is illegal. In that connection, the law makes it illegal to drive under the influence “within this State”. Given this language, Illinois courts have held that DUI is a crime even if committed on private property. People v. Bailey, 243 Ill. App. 3d 871, 612 N.E.2d 960, 184 Ill. Dec. 84, 1993 WL 127621 (1993)

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One of the most obvious means of being arrested for Driving Under the Influence (also known as DUI, DWI or drunk driving) is to crash the vehicle you are operating into the side of a house in the early morning hours. This is precisely what happened to a man who was arrested for DUI in Galesburg, Knox County, Illinois.

The National Highway Traffic Safety Administration (NHTSA) has developed 24 cues to assist law enforcement in detecting possible impaired driving. (See the NHTSA Manual for the Visual Detection of DWI Motorists). NHTSA has broken the cues down into categories.

One category is problems maintaining a proper lane. In that group there would be weaving within a lane, weaving across lane markers, straddling the markers, drifting, swerving, almost striking another vehicle or other fixed object and a wide turn or drifting while going around a curve.

A second set of driving behaviors that suggests impairment includes speed and braking problems. Within this category are stopping too far, too close or too suddenly, slowing down or speeding up for no apparent reason, varying the vehicle’s speed and driving at least 10 MPH under the posted limit.

The third class of cues is referred to generally as vigilance problems. Specifically, this encompasses driving in the oncoming lane or the wrong direction on a one-way street, a slow response to traffic signals, slowness or failure to respond to officer’s signals, stopping in a lane for no obvious reason, driving at night without headlights and failure to signal.

Finally, judgment problems are indicative of impairment according to NHTSA. This includes following too closely, unsafe lane changes, illegal or incorrectly executed turns, driving in an area not designated for vehicles, unusual behavior (arguing, crying, throwing things).

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Illinois DUI law provides that it is illegal to operate a motorized vehicle on the public roadways if the driver is in actual physical control of the vehicle while under the influence. 625 ILCS 5/11-501 Evidence of driving under the influence consists of general observations, such as poor driving, the interaction with the officer while the driver is still seated (eyes that are bloodshot, an odor of alcohol from the breath, slurred speech, difficulty locating insurance card, drivers’ license and registration) and the vehicle exit process, including any stumbling, staggering or balance difficulty.

The police also employ specific “divided activity” tests known as the Standardized Field Sobriety Tests (SFST). This sequence of activities, which includes the HGN, the walk and turn and the one legged stand, requires the subject to perform multiple tasks simultaneously. For instance, during the one legged stand, the test taker must hold his leg off the ground six inches, while also looking at the elevated foot and counting from 1 to 30.

The driver will then be asked to submit to a Preliminary Breath Test (PBT). The PBT is a device that is not certified for accuracy the Illinois State Police or subject to any legally recognized regulations. After a user blows into a tube, the PBT device generates a number that estimates the driver’s blood alcohol level (BAL).

The results of the PBT are not admissible in the DUI prosecution itself as evidence of the driver’s BAL. However the arresting officer is authorized to use a BAL of .08 or greater on the PBT in reaching an arrest determination. 625 ILCS 5/11-501.5
After gathering all this information, the officer arrests you for DUI, following which you will be asked to submit to another type of test, either blood or breath, to determine your BAL. These results are gathered using a more precise method and unlike the PBT results, they can be used in the DUI case to prove your BAL. In addition, if you elect not to submit to these tests, your “refusal” can be disclosed to the jury as evidence of a “guilty mind”. People v. Rose, 268 Ill. App. 3d 174, 178, 643 N.E.2d 865, 868 (1994)

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