Articles Posted in DUI

In many states, people convicted of certain DUI offenses will often be required to install ignition interlock devices on their vehicles. While generally, this requirement is reserved for DUI offenses that are considered more serious or repeat offenders, the California legislature recently proposed a bill seeking to mandate ignition interlock devices for all people convicted of DUI. While the bill is still pending, it could suggest a potential shift in DUI legislation within California and potentially other states. If you are facing DUI charges in Illinois, it is advisable to seek guidance from an Illinois DUI defense attorney regarding your available defenses.

The Proposed California Law

It is reported that California Assembly Bill 2210 (AB 2210) proposes to mandate the installation of interlock ignition devices in vehicles of individuals convicted of driving under the influence in California. AB 2210 builds upon existing legislation by extending the requirement of IIDs to first-time DUI offenders, with varying durations of installation depending on the number of offenses. Under the proposed law, first-time offenders would be required to have an interlock ignition device for up to six months, while repeat offenders would face longer installation periods.

Allegedly, proponents of the bill argue that interlock ignition devices are effective in reducing recidivism in drunk driving incidents, with a study by the California Department of Motor Vehicles indicating a 74% reduction compared to license suspensions. However, groups like the ACLU oppose AB 2210 due to concerns about the financial burden it may impose, particularly on low-income drivers. Despite opposition, the bill passed the Assembly Public Safety Committee, signaling potential progress toward implementation. Continue reading →

DUI arrests frequently arise out of traffic stops police officers conduct due to erratic driving. In some instances, an arrest will be made after the police investigate a collision and determine one of the motorists is impaired due to the consumption of alcohol. While it is not probable for multiple drivers who are intoxicated to be involved in a collision, it is probable. This was illustrated recently in Florida when a rare collision occurred in which both of the drivers involved were arrested and charged with DUI crimes. If you are faced with DUI charges, it would benefit you to speak to an Illinois DUI defense lawyer about what steps you can take to protect your rights.

Florida’s Double DUI Crash

It is alleged that two motorcyclists were involved in a crash in March 2024 at around 10:40 p.m. Florida Highway Patrol responded to the scene, revealing that both motorcycles were traveling on a highway when a car abruptly entered their path and then fled. The first motorcyclist attempted to avoid the car but ended up colliding with the second motorcyclist. Both riders were ejected from their motorcycles and sustained non-life-threatening injuries.

It is reported that one of the drivers refused medical attention at the scene and was subsequently treated and released. The other motorcyclist was transported to a local hospital for treatment. Upon investigation, troopers gathered enough evidence to initiate a DUI investigation against the first motorcyclist, leading to swift arrest after receiving medical treatment. The second motorcyclist allegedly refused to undergo sobriety testing by the responding trooper and later declined further medical treatment at the hospital. Consequently, the second motorcyclist was arrested for DUI refusal. Both individuals were then taken into custody and transported to jail. Continue reading →

In response to a concerning trend of alcohol-related accidents, several states in the United States are deliberating over the possibility of reducing the legal blood alcohol limit for drivers. This movement gained traction when Hawaii’s state Senate recently passed a bill proposing to lower the limit from the current 0.08 percent to 0.05 percent. This initiative mirrors similar legislative efforts underway in Washington and has already been implemented in Utah. While there is currently no indication that Illinois intends to modify its DUI laws, initiatives in other states could be a sign of changes to come in the DUI landscape. If you are accused of a DUI crime in Illinois, it is important to know your rights, and you should speak to an Illinois DUI defense lawyer.

Changes to America’s DUI Threshold

Allegedly, advocates of the proposed change in Hawaii’s DUI law argue that a lower blood alcohol limit would serve as a crucial preventive measure, potentially saving numerous lives by curbing instances of drunk driving. They draw parallels with countries in Europe and other parts of the world where the lower limit has been successfully implemented. The emphasize that the proposed change could have a profound impact on reducing alcohol-related fatalities, citing statistics indicating that drivers with blood alcohol levels between 0.05 and 0.079 percent are significantly more likely to be involved in fatal crashes than sober drivers.

Reportedly, however, opposition to the proposed legislation has also surfaced. Entities such as Hawaii’s Office of the Public Defender raise concerns that reducing the blood alcohol limit could inadvertently criminalize responsible drinking behavior, leading to the unnecessary penalization of law-abiding citizens. They argue that individuals who consume alcohol in moderation, such as having one or two drinks over the course of an evening, might inadvertently find themselves on the wrong side of the law under the proposed stricter limit. Despite proponents’ assertions about the potential deterrent effect, opponents stress that individuals who cause severe accidents due to intoxication typically surpass the proposed limit by a significant margin and are unlikely to be dissuaded by stricter regulations alone. Continue reading →

In most states, it is unlawful for a person to operate a vehicle while under the influence of alcohol or any other intoxicating substance. While DUI arrests typically follow an officer stopping a person for suspicion of intoxication or a traffic offense, in some instances, the DUI suspect will no longer be in the vehicle when the police arrive on the scene. In such instances, the police will have to rely on circumstantial evidence to determine if an arrest is warranted, which can be complicated if one person states they were driving to cover up a crime. This was demonstrated recently in Minnesota when twin sisters allegedly set out to deceive police following a fatal DUI crash. If you are accused of a DUI offense, you should meet with an Illinois DUI defense lawyer to discuss your potential defenses.

The Minnesota Incident

It is reported that following a tragic collision between a vehicle and a horse-drawn buggy in Spring Valley, Minnesota, that killed an Amish woman and two children, law enforcement launched a thorough investigation into the incident. Suspicions first arose when inconsistencies emerged in the confession of a woman who said she was the driver of the vehicle; eyewitness testimonies cast further doubt on her claim.

It is alleged that dashcam footage revealed two blond women at the crash site, suggesting the presence of both the purported driver and her twin sister. Furthermore, a recording from a digital device left in a deputy’s truck captured incriminating dialogue between the sisters, hinting at their involvement in a deceptive scheme. Subsequent analysis of the sister’s cellphone provided damning evidence, including her location at the scene of the crash and internet searches related to the aftermath of the collision. Continue reading →

St. Patrick’s day is a holiday that many people across the country associate with drinking. As such, it is not surprising that there is typically an increase in DUI arrests in the month of March when many cities hold St. Patrick’s Day parades and festivities. Many cities and states increase DUI checkpoints during those times, as evidenced by a recent announcement in Pennsylvania. While DUI checkpoints are lawful in most states, they must be conducted in a specific manner; otherwise, they may be unconstitutional. If you are charged with a DUI crime, it is important to talk to

an Illinois DUI defense lawyer about your rights.

Increased DUI Checkpoints in Pennsylvania for St. Patrick’s Day

It is reported that in the City of Pittston, Pennsylvania, the Mayor recently emphasized zero tolerance for disobeying the law, particularly regarding DUI, during a safe driving press event leading up to the St. Patrick’s Day parades. He announced extra officers would be on duty for parade day to ensure safety. Officials from various organizations gathered to discuss impaired driving enforcement for the upcoming parades, highlighting the importance of designated drivers and safe transportation.

Allegedly, a representative of the PA DUI Association also stressed the need for responsible choices to avoid the consequences of impaired driving, while an attorney from the Luzerne County District Attorney’s office announced extra DUI checkpoints for the weekends of the parades. Continue reading →

While most of the United States maintains a per se DUI threshold at a blood-alcohol concentration (BAC) of 0.08, it seems that during each state legislative session, bills are introduced that seek to lower this threshold. For example, legislation was recently introduced in Washington state that aims to lower the DUI threshold to 0.05%. Modeled after a recent change in the DUI threshold in Utah, the motivation behind the bill is to decrease drunk driving and DUI-related fatalities. While the legislation would not impact Illinois drivers, it could be a sign of changes to DUI laws throughout the country in the future.  If you find you are charged with driving under the influence of alcohol in DUI, it is advisable to consult with an Illinois DUI defense lawyer to explore options for safeguarding your interests.

Washington Legislation Seeking to Lower the DUI Threshold

It is reported that a proposed bill in Washington state aims to lower the legal limit for motorists driving under the influence of alcohol from 0.08% to 0.05%. Sponsored by multiple state representatives, the bill is patterned after a similar one in Utah. An initial hearing has been held on the bill, and an executive session is scheduled for the end of January.

Allegedly, if enacted, the bill would take effect in July 2025, after which it would undergo a two-year evaluation. The bill addresses drug-impaired driving as well, and an awareness campaign and additional penalties for alcohol vendors. The bill’s sponsor cited the success of the change in Utah’s DUI threshold, noting that it resulted in a significant drop in DUI fatalities and a reduction in drunk driving, and expressed hopes that the proposed Washington legislation could affect similar changes. In December of 2023, the Washington Traffic Safety Commission recommended seriously considering a 0.05% BAC limit, emphasizing the persistent involvement of impaired driving in fatal crashes. The bill faces prior pushback from numerous sources, however. Continue reading →

It is not uncommon for DUI arrests to increase during the holiday season, in part due to an increased enforcement effort by law enforcement agencies to ensure road safety. For example, the Illinois State Police and Department of Transportation recently announced a holiday-related campaign that aims to reduce drunk driving and to prosecute people who violate Illinois’ drunk driving laws. However, it’s crucial to note that police must have reasonable cause to initiate a vehicle stop. Without a valid reason, any evidence obtained during such stops may be deemed inadmissible in court. If you are faced with DUI charges in Illinois, seeking advice from an experienced Illinois DUI defense attorney is prudent, as they can provide insights into potential defenses and navigate the complexities of DUI laws.

Increased DUI Surveillance During the Holidays

Reportedly, the Illinois Department of Transportation, in collaboration with the Illinois State Police and numerous law enforcement agencies, is actively promoting its annual campaign to attempt to reduce DUI arrests and accidents.  The campaign urges individuals to plan for a safe ride home before engaging in festivities, emphasizing the importance of sober driving during the holiday season. Among other things, the agencies behind the campaign are emphasizing that driving while impaired is illegal and dangerous, regardless of whether it is due to alcohol or drugs.

Allegedly, the initiative to enforce DUI laws is in response to an increase in crash fatalities this year compared to the prior year. During the campaign, police will conduct roadside safety checks and targeted patrols. The campaign advises planning ahead, designating sober drivers, using community sober ride programs, and intervening if friends or family are about to drive impaired. The initiative extends zero tolerance to speeding, distracted driving, and other traffic violations. Continue reading →

Individuals convicted of DUI offenses encounter a range of civil and criminal consequences. While the penalties imposed vary by state, they often include the mandatory installation of ignition interlock devices on their vehicles for repeat offenders. Recently, advocates and legislators have indicated that they intend to introduce bills that would require such devices to be installed in vehicles for first-time offenders as well. If you are faced with DUI charges in Illinois, seeking advice from an experienced Illinois DUI defense attorney is prudent, as they can provide insights into potential defenses and navigate the complexities of DUI laws.

The Proposed New Laws

It is alleged that drunk driving activities and policymakers are actively promoting more stringent anti-DUI laws, with a nonprofit organization at the forefront of efforts to revive a bill that would mandate the installation of anti-DUI devices in the vehicles of offenders. Notably, existing laws do not currently apply to first-time offenders. This initiative comes as part of a broader push for enhanced safety measures, especially concerning impaired driving. One advocate is motivated to effect change due to a personal tragedy; she is working with a local organization to prevent others from enduring similar losses.

It is reported that the advocates anticipate the envisioned technology will be a game-changer, employing smart car features that extend beyond traditional breathalyzer devices. They are optimistic that this advanced technology could signify the “beginning of the end of drunk driving.” Notably, President Biden’s federal infrastructure bill includes provisions that require anti-drunk driving technology in all new cars starting in 2026. The bill has already been signed into law. Continue reading →

It is generally understood that DUI arrests increase around the holiday season. In an effort to crack down on an increase in drunk driving, Arizona enacted a holiday DUI enforcement plan. In Arizona, as in Illinois, the police can only arrest people for DUI crimes in certain situations, however, and if a person is unjustly arrested, they may be able to effectively argue for the dismissal of charges against them. If you were arrested for a DUI offense, it is wise to meet with an Illinois DUI defense attorney to discuss your rights.

Arizona’s Reduction in DUI Arrests

It is reported that the Arizona’s Governor’s Office of Highway Safety initiated the statewide holiday DUI enforcement task force the Tuesday prior to Thanksgiving. The office’s director highlighted that to regular drivers, this campaign would manifest as an increased presence of law enforcement on the roads. During Thanksgiving weekend, there were approximately 50 fewer DUI arrests than the previous year, which the director of the office attributes to the heightened visibility.

He based his information on data from the previous December. He noted that the holiday season typically sees an uptick in intoxicated driving, DUI incidents, and an increase in speeding, especially in the Phoenix Metropolitan area and throughout the state. Continue reading →

In the United States, DUI defendants have multiple rights, including the right to an attorney. When the right arises is not always clear, however, as demonstrated in a recent Kansas case in which the defendant argued his request was unjustly denied. While the Kansas ruling does not have implications in Illinois, it provides insight into how states throughout the country interpret the right. If an Illinois police department arrested you for a DUI crime in Illinois, it is smart to talk to an Illinois DUI defense lawyer as soon as possible.

The Kansas Ruling

It is reported that a Kansas police officer initiated a traffic stop on the defendant, whose vehicle had the wrong license plate. The defendant, exhibiting signs of impairment, expressed a desire to consult an attorney during the stop. Despite this, the officer denied the request and conducted cognitive sobriety tests, leading to the defendant’s arrest for DUI. The defendant contested the evidentiary test results, arguing that the denial of his pretest requests for counsel violated his rights. The district court initially supported the defendant’s position but later reversed, relying on the interpretation that Kansas law limited the right to request counsel to the posttest period. The Kansas Court of Appeals disagreed, asserting that the law was ambiguous and allowed requests for counsel both before and after the DUI test.

Allegedly, the Kansas Supreme Court issued an opinion clarifying the timing of a valid request for an attorney in DUI cases. The court upheld the district court’s decision, emphasizing that Kansas law requires law enforcement officers to inform the driver about their right to counsel only after completing evidentiary tests. The majority opinion held that pretest requests for counsel should not carry over to the posttest period, aligning with the interpretation that the statutory right to post-test counsel requires a specific request after the administration of the evidentiary breath test. Continue reading →