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

Posted on June 21, 2025 by mdkeenan

You were driving home after a party. On your way home, you were pulled over. The officer said he smelled alcohol on your breath and asked you to perform some field sobriety tests. You figured you only had a couple of beers, so the tests should be no problem. To your surprise, you performed badly, and now you are charged with DUI.

If the police observe signs of intoxication such as slurred speech, glassy eyes or alcohol on your breath, they can ask you to take field sobriety tests. If you do not pass the tests, the police can ask you to take the breathalyzer. Of course, you still have the right to refuse testing.

In Illinois, there are three common field sobriety tests: 1) the Horizontal Gaze Nystagmus test (HGN), 2) the One-Leg Stand and 3) the Walk and Turn test. Sometimes an officer could ask you to recite the alphabet or even pick up coins, but these tests are outdated.

For the HGN, an officer may ask you to follow an object such as a pencil with your eyes from side to side. If your eyes bounce up and down instead of moving smoothly, it could indicate impairment. The One-Leg Stand requires you to stand on one leg held up about six-inches high with your arms at your side for about 30 seconds. In the Walk and Turn test, you are asked to walk nine steps in a straight line while counting to nine, then turn in small steps and walk and count nine steps back.

Several factors can influence the results of these tests even if you have not been drinking. For the HGN, a number of over-the-counter medications can cause your eyes to waver. Some people fail the test because of a natural condition that causes their eyes to jerk or bounce. For this reason, many judges are skeptical about HGN evidence.  Research indicates that HGN only shows that you drank some alcohol, not that you were impaired.

Regarding the One-Leg Stand, some people have naturally poor balance. A leg or hip injury can cause you to wobble or put your foot down prematurely. Maybe you were working late and became tired? Exhaustion can also affect the test result. Some experts believe the One-Leg Stand is inherently unreliable, as it forces people to hold a position they would never take in real life.

Factors that could affect the Walk and Turn test include the condition of the pavement, how the instructions were given and what you were wearing. Is the pavement uneven or smooth? Icy, wet or dry? Sloped or flat? Were you asked to walk on a real or imaginary line? Did the officer demonstrate the test so that you understood what to do? Did you perform the test in bare feet, comfortable shoes or were you wearing heels?

Your performance on all these tests could be affected if you have a language barrier. If you cannot understand the instructions, you might not perform as well as you could. You might appear intoxicated on video of the tests, even though you may have just been scared and confused.

If you are charged with DUI, contact an experienced attorney immediately. As with most crimes, the state must prove you guilty of all the elements of the offense beyond a reasonable doubt. An attorney can highlight problems with your field sobriety tests.

If you have questions about this or another related Illinois criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.

(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)

 

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DOES THE STATE NEED A CHEMICAL TEST TO PROVE A MARIJUANA DUI?

Posted on May 24, 2025 by mdkeenan

The answer is no, depending on the other evidence.

While marijuana use is largely legal in Illinois, you cannot drive or be in actual physical control of a vehicle while under its influence to a degree that makes you incapable of driving safely. See 625 ILCS 5/11-501(a)(4).

Even without a blood or urine test, the state can still prove a cannabis DUI based on all the evidence from a police stop. Please note, however, that the state may have  trouble convicting you if the officer is not certified in detecting drug use.  Without a certified drug recognition officer, your attorney may be able to petition the court to dismiss the case.

During a police stop, there will likely be video of any field sobriety tests as well as your other behavior, such as how you talk, how you walk and how you get out of the car.  There may even be video of your driving before the stop.  A judge or jury will review all this evidence before deciding if you are guilty.

For example, in Village of Lincolnshire v. Olvera,  the defendant, a driver’s education student, was convicted of cannabis DUI.  At first, his teacher thought defendant’s poor driving was due to inexperience.  But the teacher later became suspicious. The defendant’s speech was slow, he was confused and could not respond quickly to questioning. He walked slowly and slurred his words.  He could not maintain balance during field sobriety tests.  Defendant was not answering questions and could not remember some of the questions he was asked. Video showed defendant stumbling back and forth and running into school lockers.

While the above case seems pretty clear, often the evidence from a stop is more debatable.  If you are charged with cannabis DUI, an attorney can review that evidence for your best possible defense.  Bear in mind that different judges may view the same facts very differently.  Therefore, it helps to have an attorney who is familiar with your courthouse to present your case in its most favorable light.  Even if the evidence against you is overwhelming, an attorney who is respected in the courthouse, may be able to negotiate a more favorable plea agreement than you could on your own.

If you have questions about this or another related Illinois criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.

(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)

 

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CAN I DRIVE AFTER A DUI CONVICTION?

Posted on May 11, 2025 by mdkeenan

The answer is possibly yes, but not without difficulty.

If you received a sentence of supervision for DUI, you may drive as soon as your driver’s license suspension is over.  You must first apply to the Secretary of State to end the suspension, which usually means paying a fee.

However, if you were convicted of DUI, you cannot drive unless you apply to the Secretary of State to reinstate your driver’s license.  This is tougher than you think. The Secretary of State is inclined to reject most petitions for reinstatement.

After filing the petition, you must attend a hearing.  An attorney can help with your petition, your presentation at hearing and with obtaining the documentation you need to convince the Secretary of State that they can trust that a DUI won’t happen again.  For example, you must get a new DUI evaluation and complete any recommended treatment.  (Under limited circumstances, you may be able to obtain a waiver of this treatment.)  You may need to provide additional evidence depending on the severity of your case.

If you have questions about this or another related Illinois DUI or criminal matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.

(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)

 

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CAN I DRIVE AFTER A FIRST TIME DUI ARREST IN ILLINOIS?

Posted on April 19, 2025 by mdkeenan

The answer is probably yes.

After a DUI arrest, the Illinois Secretary of State issues the automatic suspension of your driver’s license on the 46th day after your arrest.  If this is your first DUI, the suspension can last six months if you took a breathalyzer or a year if you didn’t.  You have the opportunity to have this suspension overturned.  An attorney can file a petition to overturn the suspension.  Your chances of winning in court are better if you act promptly.  The state has to comply with a certain deadline.  If they are not ready on time, you could win your petition automatically.  Note that winning the petition does not mean the end of the DUI.

But let’s say you hired an attorney too late, or the judge denied your petition.  What then?  You may still be eligible for a Breath Activated Ignition Interlock Device (BAIID).  You must then blow into the device in order to drive the car. While somewhat embarrassing and expensive, the device enables you to drive freely unless you have been drinking.

Be aware that the device reports violations, so if you do violate the device, you can lose your driving privileges altogether.  Also be aware that you can get into bigger trouble if you drive someone else’s car in order to get around the BAIID.

Once the statutory suspension period is over, you must apply to the Secretary of State before you can resume driving without a BAIID.  This usually means you have to pay a fee.

If you have questions about this or another related Illinois criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.

(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)

 

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HOW SPEEDING CAN LEAD TO BIGGER TROUBLE

Posted on April 1, 2025 by mdkeenan

Legally, a police officer cannot pull you over  without justification. This can come in the form of community caretaking, such as when the officer sees you sleeping in your car and checks to see if you are OK. Otherwise, the officer has to have probable cause. Your speeding can open the door to finding evidence of more serious offenses.

In Illinois, speeding more than 26 miles over the limit is  a Class B Misdemeanor, punishable by up to six months in jail. Speeding  35 or more miles over the limit is a Class A Misdemeanor, punishable by up to one year in jail. Too many tickets in too short a time, and you can lose your license.

But besides dealing with what is now a potential misdemeanor, speeding can give police  the opportunity to look for evidence of other crimes. Did you have a few drinks? A stop for speeding may now turn into a DUI. Was there a weapon or illegal substance on the floor of your car? If they were in plain view, you’re looking at a possible gun or narcotics offense. And once you’re arrested for that, anything else police find in the car could be used against you.

Of course, you can be stopped for other traffic ticket offenses or moving violations besides speeding. “Improper lane usage” is a rather vague term that gives an officer the wedge he or she needs to pull you over.

If you are charged with speeding, DUI or other offense,  consult an experienced attorney immediately. An attorney can evaluate your case for your best possible  defense. Did a police search go farther than the law allows? An attorney can petition the court to suppress any evidence that was illegally collected.  Can the state prove all the elements of the offense beyond a reasonable doubt?  Speeding doesn’t necessarily prove intoxicated driving.  Were there passengers in your car?  Perhaps the illegal weapon belonged to one of them?  Even if police acted lawfully and the evidence against you is overwhelming, an attorney who is respected in the courthouse may be able to negotiate a more favorable plea agreement than you could on your own.

If you have questions about this or another related criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com

Source:
Illinois Compiled Statute 625 ILCS 5/11-601.5

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CAN I GET TOUGHER PENALTIES FOR DUI BECAUSE MY LICENSE IS SUSPENDED?

Posted on March 15, 2025 by mdkeenan

The answer is yes, depending on why your license is suspended or revoked.

Once your license is revoked or suspended, it’s revoked or suspended until the Secretary of State says it’s not.  A suspension is usually for a set time, while revoking your license has no end date. Either way, you may still have to jump through hoops to get your license back.

If you lose your license because of a DUI, you cannot drive until you apply to get your license back from the Secretary of State even if the term of your suspension is over. You might only need to pay a fee. But if you are revoked, you may have to go to a hearing and present substantial evidence.

If you do drive while your license is revoked or suspended because of an alcohol offense, the penalties for later offenses can be greater.

In People v Viverette, the defendant argued that his license could not be revoked for leaving the scene of an accident because it had already been revoked for an earlier offense. Therefore, the revocation for leaving the scene could not be used to increase the penalties for his later DUI. (The defendant in fact had 15 prior DUIs.) The court disagreed. Instead, any qualifying revocation could be used to bump the defendant’s DUI up from a misdemeanor to a felony.

Illinois law allows the state to increase a DUI to an aggravated DUI if your license was suspended or revoked based on a DUI or reckless homicide. See 625 ILCS 5/11-501(d)(1)(G).

If your license has been revoked or suspended, an attorney can help determine whether you qualify for reinstatement and how best to proceed. The Secretary of State is a tough customer. An attorney can help present the case for reinstating your license in its best possible light.

If you have questions about this or another related Illinois criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.

(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)

 

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CAN I DRIVE WHEN MY LICENSE SUSPENSION EXPIRES?

Posted on March 2, 2025 by mdkeenan

The answer is no.  Or at least not until you have applied to the Secretary of State to restore your license and paid any fees.  A suspension does not end automatically.

If you are charged with DUI in Illinois, the Secretary of State will suspend your driver’s license on the 46th day after your arrest unless you successfully petition the court to rescind or undo the suspension. If you are caught driving on a suspended license, you could serve a mandatory 10 days in jail or 30 days community service for a first offense. And the penalties for later offenses only get stiffer.

But what happens if, after you are arrested for driving on that suspended license, the judge lifts the suspension? Can you still be convicted? The Illinois Supreme Court says yes. Lifting the suspension is not like hitting the reset button. You can still be convicted even though the judge later says it is okay to drive.

If you are charged with driving on a suspended license or other offense, contact an experienced DUI law attorney immediately. An attorney can review your case for your best possible defense.  Did the police have probable cause to stop you?  Can the state prove you were driving and that the suspension was still in effect? Did you drive because of an emergency? Even if police acted lawfully and the evidence against you is overwhelming, an attorney who is respected in the courthouse, may be able to negotiate a more favorable plea agreement than you could on your own.

If you have questions about this or another related Illinois criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.

Reference: People v. Elliott

(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)

 

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CAN POLICE STOP MY CAR BASED ON A TIP?

Posted on February 20, 2025 by mdkeenan

The answer is yes, but the information must be reliable and allow the officer to reasonably infer that you were involved in criminal activity.

In determining reliability, a court partly looks at whether the tipster was anonymous or not. Calls made to 911 are not anonymous, and thus more reliable, because the police can identify the caller, even if he or she did not give a name.

While less reliable, an anonymous tip may still provide police with the reasonable suspicion they need to stop you.  The court considers the following factors:

(1) Was there  enough information such as the vehicle’s make, model, license plate number, location and bearing  so that the officer may be certain that he or she stopped the right car?

(2) How long was the time between when police received the tip and when they located the car?

(3) Was the tip  based upon contemporaneous eyewitness observations?

(4) Was the tip sufficiently detailed to reasonably infer that the tipster actually witnessed an ongoing motor vehicle offense?

A DUI offense requires less corroboration because of the risk to the public and the driver.

In  People v. Johnson, a tipster called the police emergency line to report defendant driving while intoxicated with two small children inside. The tipster identified the car and location with sufficient detail so that the officer could be sure she had stopped the right car. The officer followed the car to observe the driver, although she need not have done so. Defendant drove in an odd manner, corroborating the tipster’s report. Therefore, the court said the stop was justified.

If you have been charged with DUI or a similar offense, contact an experienced attorney immediately.  An attorney can review your case for your best possible defense.  Was the tipster’s information reliable?  Was the police stop lawfull?  Can the state prove all the elements of your offense beyond a reasonable doubt?  Even if police acted legally and the evidence against you is overwhelming, an attorney who is respected in the courthouse may be able to negotiate a more favorable plea agreement than you could on your own.

If you have questions about this or another related Illinois criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.

(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)

 

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DOES THE ODOR OF CANNABIS JUSTIFY A POLICE SEARCH?

Posted on January 31, 2025 by mdkeenan

The Illinois Supreme Court says it doesn’t.

Before the court’s decision, there had been some confusion on the topic.  One appellate court said that the smell by itself justified a search, while another appellate court said it didn’t.  But the Illinois Supreme Court has ruled: “The laws on cannabis have changed in such a drastic way as to render the smell of burnt cannabis, standing alone, insufficient to provide probable cause for a police officer to search a vehicle without a warrant.” This change in law applies after January 1, 2020.  See People v. Redmond.

The odor of burnt cannabis can still be considered along with other factors in determining whether an officer had probable cause to search your car.  Were you driving erratically?  Were you smoking in the car?  Was there paraphernalia or other signs of use in the car? Was the cannabis lying open on the seat?

Were you on a highway? A highway is defined as “the entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel or located on public school property.” If you weren’t on a highway, the rest of the facts against you might not matter.  See 625 ILCS 5/1-126.

If you are charged with DUI or another offense, contact an experienced attorney immediately.  An attorney can review your case for your best possible defense.  Did the police have probable cause?  If not, an attorney may be able to petition the court to suppress the evidence from the stop or search.  In some cases, this could result in the court dismissing the charges against you.

If you have questions about this or another related Illinois criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.

(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)

 

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WHAT IS DRIVING ON A SUSPENDED LICENSE IN ILLINOIS?

Posted on January 19, 2025 by mdkeenan

You pled guilty to DUI a couple months ago, and now your license is suspended.  Unfortunately, you needed to get someplace fast, and you thought you could get away with driving just this once.  But after you missed a stop sign, the police pulled you over and charged you with driving on a suspended license.

What can happen to you?  What can you do?

Driving on a suspended or revoked license due to an underlying alcohol offense may offer a choice between jail time or community service for the first two offenses.  After that, a jail sentence is mandatory.

The news gets worse if you could have received a permit allowing you to drive with a breath-activated ignition device, but failed to do so, or if you got the permit but didn’t use the car with that device.  Then, your first offense escalates to a Class 4 felony and a minimum jail term of 30 days. In addition, the Secretary of State can substantially increase the length of time that your driver’s license is suspended.

Getting caught driving on a suspended license can be difficult, but not entirely hopeless.   The state has the burden of proving beyond a reasonable doubt that you were driving, and that your license was suspended or revoked for an underlying alcohol-related offense.  While this is not a difficult, you may still have a defense.  Did the police have probable cause to stop you?  Did an emergency force you to drive?  Is there some mistake concerning the underlying reason for your suspension?

An experienced DUI/traffic law attorney can help evaluate your case for its best possible defense.  Even if police acted lawfully and the evidence against you is overwhelming, an attorney who is respected in the courthouse may be able to negotiate a more favorable plea agreement than you could on your own.

If you have questions about this or another related Illinois criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.

Reference:  625 ILCS 5/6-303.

(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)

 

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