Articles Posted in Field Sobriety Tests

In Illinois, law enforcement frequently conducts targeted operations to address DUI offenses, especially during holidays and other times when alcohol consumption increases. One such initiative is the Kane County State’s Attorney’s “No-Refusal Operation,” held annually on the night before Thanksgiving. While DUI checkpoints and similar operations are legal in Illinois, people stopped at these checkpoints have certain rights, and it is essential that they understand them if they are stopped. If you face DUI charges, consulting an Illinois DUI defense attorney is essential to understanding and defending your rights.

Thanksgiving DUI Checkpoints

It is reported that the Kane County State’s Attorney’s Office announced it would conduct a “No-Refusal Operation” on the night before Thanksgiving, commonly referred to as “Blackout Wednesday.” This evening is known for increased alcohol consumption as friends and family gather ahead of the holiday. The operation is scheduled to run from 11 p.m. on November 27 to 3 a.m. on November 28.

Allegedly, the “No-Refusal” program, active since 2008, allows police officers to work with on-call assistant state’s attorneys to obtain search warrants compelling suspected DUI offenders to submit to chemical testing if they initially refuse. Illinois courts have held that individuals lack the right to refuse such testing when probable cause exists. This year marks the 37th operation by the county. Continue reading →

If the police stop a person for suspicion of DUI, they must establish that the search is lawful; otherwise, any evidence arising out of the search may be deemed inadmissible. In other words, the State must demonstrate that the police had reasonable suspicion that a person is under the influence prior to effectuating a stop. While typically DUI charges arise out stop to investigate erratic driving, some are the result of DUI checkpoints. Whether such a stop constitutes a reasonable search and seizure was the topic of a recent North Carolina ruling, in which the court ultimately found the stop to be illegal. If you are accused of a DUI crime arising out of a DUI checkpoint, it is in your best interest to confer with a trusted Illinois DUI defense attorney about your potential defenses.

The North Carolina Ruling

It is reported that the defendant was stopped at a DUI checkpoint in a town in North Carolina. The investigating officer smelled alcohol on the defendant’s breath, and she admitted to consuming two shots of alcohol. She submitted to field sobriety testing, which she failed, and a breathalyzer test, which resulted in a BAC of 0.11%. She was charged with DUI. Her attorney filed a motion to suppress the evidence obtained during the stop, arguing it was unlawful, but the motion was denied.

Allegedly, the defendant appealed, and on appeal, the court ruled in her favor. Specifically, it found that the trial court had not evaluated whether the arrest met the three standards established by the State Supreme Court to determine if the arrest was constitutional: the weight of the public interest; the degree to which the arrest advances the public interest, and the severity of its interference with personal liberty. Continue reading →

A defendant was charged with DUI and filed a motion to quash the arrest and suppress evidence.

In August 2015, he was involved in a single-vehicle motorcycle accident at the intersection of Main Street and Crescent Avenue in Peoria. An officer of the Peoria police department responded to the scene and issued the defendant citations for improper lane usage, failure to reduce speed to avoid an accident, and DUI.

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The Illinois Court of Appeals for the Third District recently held that suspicion aroused by bloodshot eyes, unless confirmed by another factor (such as poor driving, stumbling, or an inability to communicate), does not rise to the level of probable cause that a DUI was committed.

At the hearing on the defendant’s petition to rescind the summary suspension of his driver’s license, Officer Lopez testified that on the morning of the December 2014 incident, he observed defendant Anthony Day driving safely. Lopez pulled Day over because excessive noises were emanating from his exhaust system.

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The Washington Supreme Court recently held in Washington v. Mecham that the Fourth Amendment does not authorize a defendant to refuse a roadside sobriety test. In a divided opinion, the state high court held that a police officer may stop any motorist he believes to be inebriated and ask him to perform roadside tests such as standing on one leg, the “stop and turn,” and the horizontal gaze nystagmus, which tests eye movement. If the driver refuses, the district attorney is permitted to tell the jury that his refusal is proof of his guilt.

Defendant Mark Mecham would not take the allegedly “voluntary” field sobriety tests after being pulled over in Bellevue, Washington in May 2011. The officer did not think Mecham was driving while intoxicated. Instead, he stopped Mecham because he was driving with an outstanding warrant, which the officer learned after looking up his license plate number. After stopping the defendant, however, Officer Campbell observed signs of Mecham’s inebriation and found a beer can in the vehicle. Officer Campbell then took Mecham to the police station, and Mecham refused a breath test.

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