Category Archives: DUI testing

WHAT CAN HURT YOUR PERFORMANCE ON FIELD SOBRIETY TESTS?

You were stopped under suspicion of drunk driving. The officer asked you to take field sobriety tests, and since you didn’t have much to drink, you agreed. To your surpise, you failed the tests and were arrested. What happened? What … Continue reading

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CAN THEY TAKE MY BLOOD WITHOUT A WARRANT? THE U.S. SUPREME COURT SAYS “NO.”

In a recent decision, Birchfield v. North Dakota, the U.S. Supreme Court held that a state cannot require you to take a blood test in order to enforce its drunk driving laws. Subject to certain exceptions, the police must get … Continue reading

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ILLINOIS LAW REQUIRES POLICE TO ASK BEFORE GIVING A PORTABLE BREATHALYZER TEST

Recent Illinois case law has clarified that an officer must ask you to take the portable breathlayzer test (PBT) and give you enough time to refuse before giving the test, or your case could be dismissed. If you are stopped … Continue reading

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MARIJUANA CAN STILL GET YOU IN TROUBLE

There is no doubt that laws regarding marijuana are liberalizing. A new law effective July 29, 2016 takes marijuana out of the trace law–the law that convicts you for DUI if you cause a serious accident whether or not you … Continue reading

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PROPOSED ILLINOIS LAW TAKES MARIJUANA OUT OF THE DUI TRACE LAW

A proposed Illinois law would resolve some of the conflict between liberalized marijuana laws and their impact on DUI. Under a current Illinois law, known as the “trace law,” you may be convicted of DUI if you have any unlawful … Continue reading

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FOLLOWING DIRECTIONS: DUI TESTING IN ILLINOIS

After leaving the bar, you blew a stop sign. Unfortunately, police were watching and stopped you for DUI. You agreed to take some field sobriety tests. Although you thought you passed, the officer arrested you. You walked a straight line … Continue reading

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DO YOU HAVE A RIGHT TO REFUSE TO DUI TESTING IN ILLINOIS?

If you are stopped for DUI, you can refuse to take a breathalyzer or perform field sobriety tests. But your ability to refuse is not a constitutional right and is not protected by your Fifth Amendment right against self incrimination. … Continue reading

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HOW ACCURATE IS THE BREATHALYZER MACHINE?

When you are stopped for DUI, the officer might ask you to blow into a portable breathalyzer machine. Depending on that reading, you may be arrested and asked to blow into a breathalyzer at the police station. Many factors can … Continue reading

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“HOW DID I DO?”: EVALUATING DUI VIDEO EVIDENCE

Many police department, including Chicago, Niles, Morton Grove and Skokie, require police to video traffic stops if their car is equipped with a camera. The video should be the most accurate record of how you performed on field sobriety tests. … Continue reading

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CAN THEY TAKE MY BLOOD? THE EMERGENCY ROOM EXCEPTION

Previous posts have discussed how police may take your blood with or without your consent after a DUI-related accident. But police can also obtain blood or urine results from you under the emergency room exception. Blood or urine tests for … Continue reading

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