Category Archives: DUI evidence

HOW A SIMPLE WELLNESS CHECK CAN TURN INTO A DUI ARREST

The officer may have simply been checking to make sure you were OK. You were slumped over your steering wheel, and the officer thought you might have a medical emergency. So she knocked on your window. You were startled and … Continue reading

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DRIVING UNDER THE INFLUENCE OF DRUGS IN ILLINOIS

After the officer stopped you for a traffic violation, she searched your car and found illegal drugs. As a result, you were arrested for driving under the influence of drugs. Sure there were drugs in the car, but does that … Continue reading

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DID YOUR CAR COMMIT A CRIME? THE ILLINOIS LAW ON FORFEITURE

After you were arrested for DUI or another offense, the state took a look at your expensive car. Maybe the car really belonged to an innocent third party. In any case, the state wants to keep it. Can they do … Continue reading

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THE AUTOMATIC DUI SUSPENSION OF YOUR DRIVER’S LICENSE: WERE YOU ON PUBLIC OR PRIVATE PROPERTY?

If you are charged with DUI in Illinois, the Secretary of State can automatically suspend your driver’s license—but only if you were not on a “public highway.” The law defines a “public highway” as “The entire width between the boundary … 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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WERE YOU DRIVING A MOTOR VEHICLE UNDER ILLINOIS DUI LAW?

To be convicted of DUI, the state must prove beyond a reasonable doubt that you were operating a motor vehicle while under the influence of drugs or alcohol. But what exactly is a motor vehicle? Naturally, a car, a truck … Continue reading

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DOG SNIFFS AND THE UNDULY PROLONGED TRAFFIC STOP

In 2005, the United States Supreme Court changed the law regarding police stops. Before Illinois v Caballes, police needed specific and articulable facts to change the nature of a stop. After 2005, an officer could change the nature of the … Continue reading

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SPECIAL DEFENSES FOR ILLINOIS DUI

Despite what you hear about criminal defendants “getting off on a technicality,” that really doesn’t happen very often. Most appellate courts are reluctant to let an otherwise guilty defendant go free if they can find any way to uphold the … Continue reading

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DO I HAVE TO TAKE A PRELIMINARY BREATH TEST IN ILLINOIS?

If you are stopped for a traffic violation and the officer suspects you of DUI, he or she might ask you to take a preliminary breath test (PBT). Can you refuse? Under Illinois statute, if an officer has a reasonable … Continue reading

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IT’S ALL ABOUT THE DRIVING: DUI EVIDENCE IN ILLINOIS

To be convicted of DUI in Illinois, the state must prove beyond a reasonable doubt that you were in physical control of a vehicle while under the influence of alcohol or another drug. To determine if a defendant was really … Continue reading

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