Articles Posted in DUI

States around the country continue to legalize medical and recreational marijuana use. Even in many states in which consuming marijuana is legal, however, people can still be prosecuted for marijuana-related crimes, like DUI. The process of determining how to test for impairment caused by alcohol, and what levels of consumption constitute impairment is not well-defined, however, any marijuana DUI laws are routinely challenged. For example, lawyers for a former basketball star in Nevada have argued the marijuana DUI charges against him should be dismissed, as the statutes out of which the charges arose are vague and unconstitutional. If you are charged with a marijuana DUI offense in Illinois, it is in your best interest to retain an assertive Illinois DUI defense lawyer to help you mount a compelling defense.

The Challenge to Nevada’s Laws

It is alleged that attorneys for a former basketball standout charged with DUI due to a fatal crash that occurred in 2020 are asking the court to dismiss the case. Police claimed they discovered a leafy green substance in the player’s car and that he had signs of cannabis intoxication. A blood test later revealed that the player had 3.0 nanograms per milliliter of THC in his blood, which was 1.0 nanogram higher than the legal limit. He was charged with careless driving but he was not charged with DUI resulting in death.

The subject motion alleges that Nevada’s marijuana DUI laws are unconstitutional and fail when tested. Specifically, they allege that the laws are not based in science and the legal limit for THC are not indicative of impairment. Further, the attorneys assert that the marijuana DUI laws violate due process and equal protection since THC levels are inaccurate and the state handles misdemeanors differently than crimes. Continue reading →

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 could impact their driving rights, but it does not always. One woman is hoping to change that by campaigning for laws that would require states to share DUI convictions with one another. While the legislation is currently pending in Wisconsin, it may provide insight into the landscape of DUI law in Illinois and other states in years to come. If you are charged with an Illinois DUI crime, it is prudent to speak to an Illinois DUI defense lawyer to discuss your rights.

Wisconsin Law Regarding DUI Information

A mother devastated by the loss of her child in a drunk driving collision has focused her anguish into a never-ending campaign to alter DUI laws. Recently, it appears her efforts have begun to pay off. Her son died in 2018 after the car he was riding in went off a road near Three Lakes, Wisconsin. The driver of the car survived the accident but was charged with homicide after his blood alcohol level was found to be over two times the legal limit. He was going over double the speed limit at the time of the crash as well.

The driver held an Illinois driver’s license, which should have been suspended immediately when he refused a breathalyzer test. However, because Wisconsin is not a member of an interstate compact that allows states to share information, Illinois was never informed about the collision, and he continued to drive. Further, he was able to obtain a Wisconsin license when he moved there while his charges were still pending. He would later be found guilty of the allegations and sentenced to three years in prison. However, the mother launched a campaign to rectify the lack of information sharing between states. Continue reading →

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 the driver’s reasoning and ultimately dismissed his case, definitely stating that the driver could not impose liability on other parties for harm caused by his own criminal acts. If you are charged with an Illinois DUI offense, you should contact an Illinois DUI defense lawyer to discuss your potential defenses.

The Facts of the Case

According to court documents, the plaintiff became intoxicated at a friend’s house and then attempted to drive to his home. He subsequently rear-ended a car stopped at a red light. An officer was dispatched to the scene and spoke to the other driver, who reported he saw the plaintiff’s  SUV swerving. The officer spoke to the plaintiff as well and asked for his license and proof of insurance. The plaintiff gave the officer the wrong paperwork numerous times and provided several different answers when asked where he lived. The officer, whose sense of smell was compromised, did not notice an odor of alcohol.

It is reported that the officer ultimately urged the plaintiff to pay more attention. The plaintiff drove away, fell asleep behind the wheel, and crashed his vehicle twenty minutes later. Chemical testing revealed that he had a blood-alcohol level that was three times the legal limit. He suffered multiple injuries that required surgical repair. He subsequently sued the officer and the municipality that employed the officer for negligence, arguing that the officer’s failure to arrest him led to his subsequent harm. Continue reading →

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 on certain liberties, it is necessary to do so to mitigate the risk of harm the person poses to other members of society. In recent years, though, various parties throughout the country have pushed for the installation of alcohol sensing devices in all vehicles. While such efforts have yet to be successful, should such technology be mandatory in cars in the future, it may have a significant impact on driver’s rights and the prosecution of DUI cases. If you are accused of a DUI crime in Illinois, it is prudent to consult an Illinois DUI defense lawyer regarding your options for seeking a favorable outcome.

Built-In Alcohol Sensing Technology

It is alleged that researchers recently stated they had created alcohol detection sensors that would essentially eliminatedrunk driving. While the technology is still in developmental stages, it is anticipated that it will be ready to be installed in vehicles throughout the country in a few years. The developers are currently in the process of licensing the sensors. Meanwhile, legislation that would make the installation of alcohol sensors mandatory in all new passenger vehicles is before Congress.

Reportedly, the technology, which was developed by a Boston company, collects measurements with little human interaction. One device captures a driver’s breath and pulls it into a sensor, where a beam of light then calculates the driver’s blood alcohol concentration. A second device employs lasers to read the alcohol level below the surface of the skin on the driver’s finger. If the driver’s blood-alcohol level exceeds the legal limit, they will not be able to drive. Continue reading →

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 woman in New Mexico recently filed a civil lawsuit alleging that that police violated her rights when they entered her garage and charged her with a DUI crime when she was simply sitting in a parked car. The court ultimately agreed with the defendant and threw out the criminal charges against her, but it remains to be seen whether her civil suit will be successful. Regardless of the outcome, it raises important concerns regarding the privacy rights of DUI defendants in Illinois and throughout the country. If you are accused of a DUI crime, it is smart to contact an Illinois DUI defense attorney to determine your rights.

The Defendant’s Criminal and Civil Cases

It is alleged that police in Rio Rancho, New Mexico received a call from a woman who stated that she got into a verbal altercation with the defendant at a gas station. The woman advised the police that the defendant smelled of alcohol and provided the police with the defendant’s license plate number. The police then tracked down the defendant at her residence. When they arrived, they entered her garage, where she was sitting in her parked car.

Reportedly, the defendant submitted to numerous field sobriety tests, which she failed, and she was arrested and charged with DWI and other crimes. The court ultimately dismissed the charges against her, finding that the entry into her garage was unlawful. She subsequently filed a civil lawsuit against the police, seeking damages for the violation of her privacy rights. Continue reading →

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 dehydrated drivers are as dangerous as drunk drivers. While the article does not have any legal implications, it does trigger the question of whether some people stopped for suspicion of DUI show signs of impairment for other reasons. If you are charged with a DUI offense, it is in your best interest to consult an experienced Illinois DUI defense lawyer to discuss what defenses you may be able to assert.

The Impact of Dehydration on Drivers

Reportedly, a study conducted in 2021 in the United Kingdom showed that even slight cases of dehydration were equivalent to driving while intoxicated. In other words, motorists who are mildly dehydrated show a substantial increase in small driving errors during long trips as opposed to drivers who are adequately hydrated. The magnitude of impairment caused by dehydration was the same as that experienced by drivers that had consumed a sufficient amount of alcohol to achieve a blood alcohol level of 0.08%. Specifically, losing even a small amount of water causes a decreased capacity to adequately perform tasks that require quick decisions, concentration, and motor skills and produces symptoms such as dizziness, tiredness, and loss of focus.

Grounds for DUI Charges in Illinois

In Illinois, there are multiple grounds for charging a person with a DUI crime. For example, a person may face DUI charges for being in physical control of a vehicle while their blood alcohol level is 0.08% or higher. Notably, “physical control” may include acts other than driving, like starting a vehicle or sleeping in a parked car with the engine running. Continue reading →

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 demonstrated by a recent Supreme Court ruling in which the Court upheld the removal of an individual who had previously been deported due to a DUI conviction. If you are accused of a DUI offense, it is prudent to speak to a trusted Illinois DUI lawyer regarding your potential defenses.

The Supreme Court Ruling

It is reported that the defendant gained permanent residency in 1990 but was deported in 1998 due to a DUI conviction in 1991. The defendant re-entered the country without authorization at some point and remained here until 2017, when he was taken into custody and indicted for unlawful reentry, a charge that would result in him being deported once again.