Articles Posted in DUI

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.

Continue reading →

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)

Continue reading →

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).

Continue reading →

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)

Continue reading →

If you are suspected of Driving Under the Influence (DUI) in Illinois, you have decisions to make. If you have been drinking and or are nervous, you may not make the wisest decisions.

This is an important time because DUI has two different consequences, although they are, somewhat confusingly, related. DUI is a crime that even for a first offense with no aggravating circumstances, is a Class-A misdemeanor, just one step below a felony charge. It is a crime because you can be sent to jail for up to 364 days and you can be fined up to $2,500.00 (625 ILCS 5/11-500)

There is another part to a DUI arrest, which involves not only efforts by the police to gather evidence against you to convict you of DUI but also to get you off the road temporarily while the DUI case is going on in court. The evidence gathering comes in three general forms.

First of all, the police officer, just like any other person, can observe behaviors that suggest intoxication. You will see these described in the police reports as bloodshot, glassy eyes, slurred speech, unsure walking, poor balance, difficult following directions (such as retrieving your driver’s license, registration and insurance card) and other things we all notice about someone whom we suspect is intoxicated.

The officer will additionally have the benefit, in many cases. of observing your driving behavior. The National Highway Traffic Safety Administration (NHTSA) has developed a list of driving-related actions that are indicative of alcohol impairment. The most common is a wide turn.

The police also use specific NHTSA-approved tests that they will testify help determine if your BAC level is .08, which in Illinois is the legal limit. These tests are known as the Standardized Field Sobriety Tests (SFST). There are three of them.

Continue reading →