Articles Posted in DUI

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.

Typically, DUI arrests arise out of traffic stops instigated because of suspicion of drunk driving. While people usually pull over when they are followed by a police car with activated lights or sirens, some do not notice that they are being pursued by an officer and keep driving. Although the police are permitted to pursue fleeing suspects, in cases involving misdemeanors, there are limitations to what measures they can take to apprehend them. This was affirmed by the United States Supreme Court in a recent ruling issued in a DUI case in which the court found that the hot pursuit exception did not provide an automatic right to search a misdemeanor suspect’s home. If you are charged with a DUI crime, it is in your best interest to consult a dedicated Illinois DUI lawyer to examine your rights.

The Supreme Court Ruling

Allegedly, the defendant was honking his horn and playing loud music while he was driving. He drove past a police officer, who began following him. The officer eventually activated his overhead lights in an effort to get the defendant to pull over. The defendant continued to drive, however, and ultimately pulled into his driveway and then garage. The officer interfered with the closing of the defendant’s garage, entered the garage, and began questioning the defendant. He observed that the defendant smelled of alcohol and was exhibiting other signs of intoxication.

Reportedly, the officer then asked the defendant to submit to field sobriety testing. The defendant failed the tests and was arrested for DWI. Subsequent testing revealed his blood-alcohol level to be over three times the legal limit. The defendant filed a motion to suppress the evidence against him on the grounds that it was obtained via a warrantless search in violation of his Fourth Amendment rights against unreasonable search and seizure. Continue reading →

A DUI conviction often not only results in criminal penalties but also impairs a person’s job prospects and relationships. While in many states, people convicted for DUI offenses may be eligible to have their records expunged, Illinois is not currently one of them. A new bill seeks to change the law regarding access to DUI records, however, in hopes of offering people in Illinois who were convicted of DUI crimes a chance to move forward without fear of their criminal records being exposed. If you are accused of a DUI offense, it is smart to consult a trusted Illinois DUI lawyer to determine your options for seeking a just outcome.

DUI Legislation Pending in Illinois

Under Illinois law, there are two types of crimes that cannot be expunged: DUI and domestic violence offenses. In other words, if a person was convicted of a DUI crime decades ago, the record will remain and cannot be expunged. There are a handful of other states that have similar laws, including Ohio, Tennessee, Alaska, Idaho, Maine, Kansas, Texas, and Vermont. While it does not appear that Illinois’ expungement laws will be changed anytime in the near future, State Representatives recently introduced legislation that would allow for DUI records to be sealed.

House Bill 3934, which seeks to amend the Criminal Identification Act, was introduced by Representative Tony McCombie with the aim to provide those convicted of DUI crimes with second chances. If the bill passes, the Criminal Identification Act would be modified to allow records related to DUI charges to be sealed if certain criteria are met. Specifically, it must be shown that the person charged with DUI had not previously been placed on supervision due to DUI or convicted of DUI at the time the charges arose and that at least ten years have passed since the person’s sentence was completed. Continue reading →