Illinois DUI Lawyer Blawg

If you are arrested in Illinois for Driving Under the Influence (DUI) and are not dead, unconscious or seriously injured, the officer will ask you to perform what are known as Standardized Field Sobriety Tests (SFST). Following these tests, the officer will ask you to take a Preliminary Breath Test (PBT).

The results of the PBT are not “official” and cannot be used against you to prove your intoxication. However, those results, along with the SFST, will provide the police with the grounds to arrest you for DUI. Following the arrest, the officer will ask you to take a different type of breath test, the results of which can have specific criminal and driver’s license consequences.

The PBT is administered at the arrest scene by use of a hand held device that gives an estimate of your blood alcohol level, or BAL. 625 ILCS 5/11-501.5 Normally the official breath test is given at the police station with a desktop device, although there are a few on-sight devices that are official, as they are properly certified as being accurate. However, those can only be administered by a qualified technician and only after you have been placed under arrest for DUI, whereas the PBT is given prior to your arrest.

Another difference between the PBT and the official test is that, as is the case with the SFST, there is no penalty to the driver for refusing to take the SFST or the PBT. On the other hand, if you take the PBT but refuse the official test, you will be written down as a refusal.

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The State of Illinois has a law that prohibits the operation of a motor vehicle anywhere in Illinois while under the influence of alcohol, other drugs and intoxicants. This Illinois DUI law currently applies only to land vehicles other than snowmobiles and bicycles. 625 ILCS 5/1-217

It is necessary to understand that a DUI arrest involves two different categories of consequences. A DUI conviction can result in criminal penalties.

Criminal penalties involve anything that deprives a person of life, liberty or property. In essence, if a DUI conviction can lead to fines, penalties or incarceration, it is a criminal offense in which the prosecutor must prove the accused is guilty beyond a reasonable doubt. Even court supervision, while not exposing an accused to jail, can result in fines and other monetary penalties.

A conviction for DUI will cause a revocation (nullification) of your driver’s license. Having it restored requires you to prove to the Secretary of State at a hearing that you will not drive drunk in the future. It’s more complicated than it appears but the process examines whether or not you can be a “safe and responsible driver”.

A “suspension” is a less severe form of driver’s license sanction. A suspension puts your driver’s license on hold temporarily. As long as your license is otherwise valid, you pay a fee at the end of the suspension and your license is returned to you without a hearing.

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As far as Illinois DUI law is concerned, there are three general categories of offenses. The first and most common is DUI alcohol.

Alcohol-related DUI can arise from impaired driving evidence due to alcohol. That would come about by the police officer’s observations of your driving, your conduct during the arrest and your performance on what is known as Standardized Field Sobriety Tests (SFTS). 625 ILCS 5/11-501
DUI alcohol can also apply if a driver provides a chemical test that shows a blood alcohol level (BAL) of .08% or greater. This is known as “per se” (Latin for automatic) DUI. In a per se case, the state does not have to prove actual impairment but merely operation of a motor vehicle while having a BAL of .08% or higher.

The per se law can cause a great temptation for a driver to refuse to submit to testing. Since in Illinois a refusal is not a criminal offense, that can in some instances be a good strategy if you think you may fail.

The downsides of refusing are two. First of all, the judge will allow the prosecutor to argue to the jury that your refusal is evidence that you were afraid you were drunk and that is why you refused.

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When a driver in Illinois has an encounter with law enforcement while the driver is in actual physical control of a motor vehicle as required by Illinois DUI (Driving Under the influence) law (625 ILCS 5/11-501), the officer may be looking for signs of DUI impairment. This can begin with the initial driving behavior. Common markers of alcohol-related driving behavior include driving too slowly, wide turns and weaving.

This will provide the reasonable suspicion the officer needs to stop the driver. Terry v. Ohio 392 US 1, 20 L.Ed. 2d 889 (1968) The police will also observe the manner in which the driver executes the stop. This includes matters such as how quickly the driver notices the flashing lights and slows, how the driver performs while engaged in pulling over (using turn signal for instance) and how effectively the driver stops and parks the vehicle.

Next, the officer will have an opportunity to observe the driver face-to-face. Signs of impairment would be slurred, thick tongued speech, bloodshot and glassy eyes, heavy eyelids and an odor of alcohol. An officer will also note any difficulty the driver encounters in retrieving the driver’s license, insurance card and registration.

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The United States postmaster assigned to Springfield Illinois was arrested for Driving Under the Influence (DUI). DUI arrests typically follows a similar pattern.

At the time of any traffic stop, the officer will be looking for signs of impaired driving. One of the early indicators of impaired driving involves the nature of the traffic offense. Studies have shown that driving too slowly, weaving and making wide turns are some of the most common indications of alcohol impairment that result in a DUI arrest.

Another phase in the analysis comes about during the initial face-to-face contact. At that juncture, the officer may notice slurred speech, bloodshot watery eyes and confusion. The driver may be disoriented as to destination, location, date and time.

As in any traffic stop, the officer will request a driver’s license, registration and proof of insurance. Difficulty locating and producing these items (fumbling, dropping, producing the wrong thing) will be scored against the driver.

No doubt the officer will eventually ask about alcohol consumption. Rather than asking if the driver has been drinking, the officer will ordinarily ask a more leading question, how much have you had to drink tonight? Most commonly the answer is a couple or nothing. A denial of any alcohol consumption will bring out a skeptical response from the police, such as, are you sure, I can smell it on your breath?

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Many arrests in Illinois for Driving Under the Influence (DUI)are recorded by a camera affixed to the dash of the officer’s squad car. In fact, Illinois State Police are required to record all DUI arrests and preserve the video. However, court cases have stated that there are no consequences for the failure of the Illinois State Police to record an arrest.

In the case of People v. Kladis, 2011 IL 110920, 960 N.E.2d 1104, 355 Ill. Dec. 933, the Illinois Supreme Court addressed the consequences of the state failing to preserve a video even though the defense lawyer made a timely request for its preservation.

Five days after her arrest and 25 days prior to the first appearance, Defendant filed a Petition to Rescind the SSS and also served on the state a notice pursuant to Supreme Court Rule 237 (b) requesting production of all in-custody videotapes. At the first appearance, the videotape was not present.

The arresting officer testified that he had activated his dash camera prior to making the stop and described what the camera captured, namely, the substance of the arrest. The hearing was continued to a later date but not before defense counsel requested discovery pursuant to People v. Schmidt, 56 Ill.2d 572, 309 N.E.2d 557 (1974).

When the parties returned to court at the later date, the state advised the court that the video had been destroyed only hours prior to the first appearance, in accordance with departmental policy. The state did not dispute that it had received defendant’s Rule 237 notice prior to destruction of the video.

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Court supervision in Illinois is a valuable tool. For example, a conviction for Driving Under the Influence, or DUI, requires the Illinois Secretary of State to revoke your driver’s license, which is more severe than a driver’s license suspension. 625 ILCS 5/6-205

Unlike a driver’s license suspension, which ends automatically, restoration of driving privileges following a driver’s license revocation requires an administrative hearing with the Illinois Secretary of State. Such a hearing entails obtaining a drug and alcohol evaluation, possibly completing a 10-hour driver risk education course, as well as anywhere from 20 to 75 hours of alcohol counseling.

Furthermore, if you are high risk dependent (alcoholic), you will be required to stop drinking for at least a year before being eligible for driving relief. In addition, you must demonstrate to the Secretary of State that you have developed a support program to help you remain completely alcohol free for the remainder of your life.

Those who are dependent must also, through testimony or letters, prove from at least three independent sources their claim that they have not consumed alcohol for at least 12 consecutive months before the hearing. Similarly, they must provide letters or testimony from at least three members of their support group to explain their participation in the support program. Continue reading →

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.

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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)

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