Category Archives: breathalyzer/field sobriety test

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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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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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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LOOKING BACKWARDS: HOW THE STATE PROVES YOUR BLOOD ALCOHOL WAS HIGHER THAN YOUR BREATHALYZER RESULT

You had several drinks at the bar before you drove home. Police stopped you for a moving violation and arrested you for DUI. At the police station, you agree to take the breathalyzer. The reading is .077, just below the … Continue reading

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HOW THE DEFENSE MAY SHOW YOUR BLOOD ALCOHOL IS LOWER THAN YOUR BREATHALYZER

You had several drinks at the bar before you drove home. Police stopped you for a moving violation and arrested you for DUI. At the police station, you blew the breathalyzer. The reading was over the legal limit. Your friend, … 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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