Tag Archives: breathalyzer

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

Posted in breathalyzer/field sobriety test, DUI evidence, DUI testing | Tagged , , , | Comments Off on CAN THEY TAKE MY BLOOD WITHOUT A WARRANT? THE U.S. SUPREME COURT SAYS “NO.”

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

Posted in breathalyzer/field sobriety test, DUI evidence | Tagged , , | Comments Off on DO I HAVE TO TAKE A PRELIMINARY BREATH TEST IN ILLINOIS?

PROVING THE BREATHALYZER IN ILLINOIS

You had always heard that if you were stopped for DUI, you should refuse to take a breathalyzer. But when the time came, you went right along with police and blew over the limit. What can you do? When you … Continue reading

Posted in DUI evidence | Tagged , | Comments Off on PROVING THE BREATHALYZER IN ILLINOIS

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

Posted in breathalyzer/field sobriety test, DUI evidence | Tagged , | Comments Off on LOOKING BACKWARDS: HOW THE STATE PROVES YOUR BLOOD ALCOHOL WAS HIGHER THAN YOUR BREATHALYZER RESULT

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

Posted in breathalyzer/field sobriety test, DUI testing | Tagged , , , , | Comments Off on DO YOU HAVE A RIGHT TO REFUSE TO DUI TESTING IN ILLINOIS?

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

Posted in breathalyzer/field sobriety test, DUI testing | Tagged , , | Comments Off on HOW ACCURATE IS THE BREATHALYZER MACHINE?

THE CHARGE OF BAC EXCEEDS 0.08 IN ILLINOIS

Your driving was actually just fine, but your breathalyzer was well over the legal limit. Or maybe you swerved all over the lane, but you only blew a .04. Either way, you can be found guilty of DUI. How can … Continue reading

Posted in breathalyzer/field sobriety test, DRIVING UNDER THE INFLUENCE, DUI testing | Tagged , , , , , , , , | Comments Off on THE CHARGE OF BAC EXCEEDS 0.08 IN ILLINOIS

CAN THEY TAKE MY BLOOD? YOUR RIGHTS AND DUI BLOOD TESTING

You were leaving an after-work party, when you missed a stop sign and slammed into another car. Both you and the other driver were taken to the hospital. At the hospital, an officer asked the nurse to draw your blood … Continue reading

Posted in breathalyzer/field sobriety test, DUI testing | Tagged , , | Comments Off on CAN THEY TAKE MY BLOOD? YOUR RIGHTS AND DUI BLOOD TESTING

CAN YOU FAIL FIELD SOBRIETY TESTS EVEN IF YOU ARE NOT INTOXICATED?

You were driving home after a party. On your way, you came across a DUI checkpoint. The officer said he smelled alcohol on your breath and asked you to perform some field sobriety tests. You figured you only had a … Continue reading

Posted in breathalyzer/field sobriety test | Tagged , , , , | Comments Off on CAN YOU FAIL FIELD SOBRIETY TESTS EVEN IF YOU ARE NOT INTOXICATED?

THE BREATHALYZER: HOW YOU CAN GET A FALSE READING

You just got stopped for DUI. The officer asked you to perform some field sobriety tests and take the portable breathalyzer. You agreed. After all, you figured you only had a couple beers, the result would be well below the … Continue reading

Posted in breathalyzer/field sobriety test | Tagged , , , | Comments Off on THE BREATHALYZER: HOW YOU CAN GET A FALSE READING