CAN AN OFFICER SEARCH MY CAR WITHOUT A WARRANT?

Posted on July 13, 2026 by mdkeenan

The answer is yes.  An officer may perform an inventory search after you have been arrested and the police have taken your car.  The purpose of the search is to catalog the items in your car. An officer may also search your car if he or she has probable cause.

For an inventory search to be legal:

  • The original impoundment of the vehicle must be lawful;
  • The purpose of the inventory search must be to protect the owner’s property, to protect the police from claims of lost, stolen or vandalized property and to guard the police from danger; and
  • The inventory search must be conducted in good faith according to reasonable standardized police procedures and not as a pretext for an investigatory search.

An officer may also search with probable cause where the officer  reasonably believes based on all the facts and circumstances known to him or her at the time that your car contains evidence of criminal activity.  Such probable cause, however, does not justify searching a passenger’s body.  But police may inspect any belongings in the car that are capable of concealing the search’s object.

One exception may be purses.  While the Supreme Court characterized the search of a purse as a “package search,” some courts have said that searching a purse is like searching a person.  In either case, a recent Illinois court decision has distinguished a backpack from a purse. An inventory search of a backpack is legal in Illinois.

If you have been charged with a criminal, DUI or traffic offense, contact an experienced  attorney immediately.  An attorney can review your case for your best possible defense.  Was the inventory search legal?  Did police lawfully seize your car?  What was the real purpose of the search?  Was it an excuse for a fishing expedition?  If not an inventory search, did police have probable cause to stop you?  Did they look into containers that could not possibly conceal the object of the search?  For example, did they look for a pistol in a pillbox?

If the search was not lawful, an attorney can ask the judge to suppress the evidence from the search.  In certain cases, this could result in 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.

Reference:  People v. Wallace

(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 ENDANGERING A CHILD IN ILLINOIS?

Posted on June 26, 2026 by mdkeenan

You left your child in the car on a relatively hot day while you went to the store.  It took a long time to check out at the counter.  Nonetheless, you were surprised to find the police waiting at your car.

Now you are charged with endangering the life or health of a child.  What does that mean? What can you do?

You commit endangering the life or health of a child when you knowingly:

  • Cause or permit the life or health of a child under the age of 18 to be endangered; or
  • Cause or permit a child to be placed in circumstances that endanger the child’s life or health.

See 720 ILCS 5/12C-5.

In the above situation, a judge or jury may infer child endangerment if you left a child age 6 or younger unattended for more than 10 minutes.  “Unattended” means the child was not accompanied or within sight of someone age 14 or older.

The fact your child was uninjured is not a defense.

If you are charged with endangering a child, contact an experienced criminal law attorney immediately.  An experienced attorney can review your case for your best possible defense.  As with most crimes, the state must prove all the elements of the offense beyond a reasonable doubt. While a judge or jury may infer endangerment from an unattended child, an attorney may be able to contest this.  For example, maybe you were gone less than 10 minutes.  Or you left the child with your teenager, but your teenager wandered off.

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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ILLINOIS MAY REDUCE DUI ALCOHOL LIMIT TO .05

Posted on June 9, 2026 by mdkeenan

A bill to reduce the alcohol limit for DUI from .08 to .05 is currently under consideration in the Illinois House of Representatives.

So far, the bill is in its early stages. As of June 9, 2026, the bill had had a first reading and been assigned to the rules committee. The next step is for it to go to a substantive committee. See https://www.ilga.gov/Legislation/BillStatus?GAID=18&DocNum=4333&DocTypeID=HB&LegId=164856&SessionID=114 for most recent bill status.

According to Frank Harris, the director of State Government Affairs for Mothers Against Drunk Driving (MADD), a change in the law could save 44 lives per year. See Illinois considers lowering DUI limit, advocates say it could save 44 lives a year.

If you are charged with DUI or similar offense, contact an experienced DUI law attorney immediately. An attorney can review your case for its best possible defense. Did the police have probable cause to stop you? Can the police prove you were driving the car? Was your driving actually impaired? Can you fight the Secretary of State’s automatic suspension of your driver’s license? An attorney can determine a course of action based on the answers to these questions.

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 POLICE TAKE YOUR BLOOD FOR DUI TESTING WITHOUT YOUR CONSENT?

Posted on June 3, 2026 by mdkeenan

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 for DUI testing. Your blood then tested over the .08 limit.

Can the police draw your blood if you did not consent? What can you do?

Under Illinois DUI law, you have the right to refuse chemical testing except under certain circumstances. Exercising your right to refuse does come with penalties: the length of time your driver’s license is suspended can be doubled, and your refusal can be admitted in court to show “consciousness of guilt.”

When it comes to blood alcohol testing, the police can obtain a sample of your blood without your consent if you were involved in an accident that caused serious injury or death. Serious injury is defined as requiring immediate professional attention in “either a doctor’s office or a medical facility. A Type A injury includes severe bleeding wounds, distorted extremities, and injuries that require the injured party to be carried from the scene.” (625 ILCS 11.501.2.) The blood sample, however, can only be taken by licensed physician, phlebotomist, physician’s assistant, registered nurse, licensed paramedic or someone else deemed qualified by the Illinois State Police. You can also have blood drawn by a medical professional of your choosing in addition to the sample taken for the police.

Can the police use physical force to draw the blood sample from you? The Illinois Appellate Court  said no. In that case, the defendant injured her head in a car accident and was taken by ambulance to the hospital. Although she refused blood testing, hospital personnel held her down and forcibly drew blood. The Appellate Court said that while a defendant did not have a right to refuse the blood test, the police still had no right to use physical force to extract it. (See State of Illinois v Jacqueline Farris).

If police have taken your blood sample and charged you with DUI, consult an experienced attorney immediately. Depending on how and why the sample was taken, you may have grounds to suppress the test results. Even if the police strictly followed the law, a DUI attorney can probe for other weaknesses in the state’s case, or if all else fails, negotiate a more favorable plea agreement than you might do 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


(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 VETERANS TREATMENT COURT CAN HELP YOU

Posted on April 18, 2026 by mdkeenan

As a veteran or service member of the United States Armed Forces, you may qualify for a special program to help deal with your criminal or DUI charges.

The Cook County Veterans Treatment Court program aims to prevent veterans from returning to the criminal justice system and to improve their quality of life. The program recognizes that those who have served their country may suffer from post-traumatic stress or other traumas or depression. (The Lake County Circuit Court operates a similar program.)

In order to participate, you must obtain court approval. The State’s Attorney’s office reviews your case for eligibility. Your criminal defense attorney can help you navigate through this process.

As a veteran, you are eligible for the program provided you show willingness to participate, your crime is non-violent, you have no convictions for violent crime within the last ten years, and you haven’t been through the program in the last three years. You must have been diagnosed with a substance use disorder and/or a mental health disorder.

Once accepted, you must sign a contract with the court. You must participate in any treatment recommended by the Veterans Court Treatment Team. You must avoid alcohol and other illegal substances and submit to random drug testing. You cannot possess any weapon or commit another crime. You must report to your VA case manager and probation worker and appear at all court dates. You may also have to perform community service and participate in self-help programs. And you must plead guilty to the original charge. If you fail to comply with these requirements, the court may impose extra penalties.

While the program may seem tough, the program it is a real alternative to any criminal sentence you might otherwise receive. In some cases, completion of the program may result in dismissing the charges against you.

For more information, see Cook County Veterans Treatment Court. A participant handbook explaining the program and answering question can be found at here. Information on Lake County’s program can be found here.

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.

(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 BE ARRESTED FOR DUI FOR SLEEPING IN MY CAR?

Posted on March 15, 2026 by mdkeenan

One night, you went out with colleagues after work. The drinking ran a bit late, and it had been an especially stressful day. As you drove home, you could barely keep your eyes open, so you pulled over on the side of the road and fell asleep in your car. You thought you were doing the responsible thing. Suddenly, an officer knocked on your window, startling you awake. The officer asked you to get out of the car, and before long you were charged with DUI.

Is the arrest legal? What can you do?

Before an officer stops you, he or she must have a reasonable suspicion of wrong doing. In People v. Shelton, officers responded to an anonymous 911 report that a driver was asleep in the intersection. The court found the stop was justified. An officer is not required to watch your car to personally observe suspicious driving. Furthermore, sleeping in an intersection causes a hazard and suggests the decreased vigilance and impaired judgment associated with drunk driving.

But if you took the trouble to legally park rather than blocking the road? The officer may still have valid grounds to approach you. Under the police community caretaking function, an officer can check to see if you need help. Once the officer smells the alcohol and notices the “bloodshot eyes” and “slurred speech,” you are on your way to the police station.

While you may have trouble fighting the stop itself, your case is not necessarily a lost cause. The state must still prove all the elements of the offense—that you were in actual physical control of a motor vehicle while impaired—beyond a reasonable doubt. In Illinois, sitting in a car with the keys anywhere within reach is enough to establish actual physical control. However, the state may still have difficulty proving you were impaired if, for example, the police video shows you did well on field sobriety tests, you had no trouble exiting the car and you spoke clearly to police.

If you have been charged with DUI or similar offense, contact an experienced attorney immediately. An attorney can review your case for its best possible defense. Can the state prove your keys were in the car or that you were impaired? Even if 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.

See our related blog: What is Driving Under Illinois DUI Law?

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 POLICE SEARCH MY CAR WITHOUT A WARRANT?

Posted on January 25, 2026 by mdkeenan

The answer is they can if the search falls under the “automobile exception” to the warrant requirement.

Because a driver could easily take off  before police have time to get a warrant, police are allowed to search your car if there is probable cause to believe that your car contains evidence of criminal activity. To establish probable cause, the totality of the facts  known to the officer at the time of the search must justify a reasonable person in believing that the automobile contained evidence of criminal activity.

The scope of  the search  is defined by the object of the search and the places in which there is probable cause to believe it may be found. For that reason, the search may include any interior compartment  that might reasonably contain the contraband.  By the same token, an officer cannot look where an object cannot reasonably be found.  For instance, an officer searching for a gun cannot look in a pill box.

If you have been charged with a crime, contact an experienced criminal law attorney immediately. Did the police have probable cause or did they search outside the limits? If so, an attorney may be able to bring a motion to suppress the evidence from any unlawful search.

Note that determining whether a police search violated the law is very fact specific, and different judges can weigh those facts very differently. An attorney who is familiar with your courthouse may be better able to present your situation to a particular judge.  If the police acted unlawfully, an attorney can petition the judge to suppress the evidence from any illegal search.

For example in People v. Smith, the defendant was convicted based on a firearm discovered during a police stop of a car where he was a backseat passenger.  Because the car’s license plates did not match the vehicle, police had probable cause to search for evidence of ownership.  However, the officers bypassed obvious areas, such as the console and glove compartment, to search for a bag in the back seat suggesting  that the purpose of the search was a fishing expedition rather than to look for evidence of ownership.  As a result, the appellate court held that the gun evidence should have been suppressed and reversed defendant’s conviction.

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.

See also People v. Davis.

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WHAT CAN HAPPEN IN AN UNDER AGE 21 DUI?

Posted on December 28, 2025 by mdkeenan

Special rules apply to drinking and driving if you are under age 21. Unlike an older driver, the Secretary of State can suspend your license even if you have only a trace amount of alcohol in your system.

The Zero Tolerance law applies if you are driving or in physical control of a vehicle.  Therefore, sitting in the front seat with the key in the ignition, and a beer in your hand can be enough to violate the law.

A violation results in a 3-month suspension for a first offense, and a one-year suspension for a second offense.  These penalties double if you refuse chemical testing.  However, the penalties are much worse if you are over the .08 legal limit or over .05 with additional evidence of impairment.  Then you may also be charged with DUI.

In an under 21 DUI,  your license can be revoked for at least two years for a first offense and at least five years for a second offense.  A revocation is much stiffer than a suspension.  Under a zero-tolerance suspension, you will have to  take a remedial driving course and exam to get your license back.  Under a revocation, however, you will have to apply to the Secretary of State for a hearing and prove to them why you can be trusted once again to drive.

If you are charged with a Zero Tolerance DUI or similar offense, contact an experienced DUI attorney immediately.  An attorney can review your case for its best possible defense. Did the police have probable cause to stop your car?  If not, an attorney can petition the court to suppress the evidence from the stop.  Do you seem impaired on any police video?  Maybe you were driving safely, spoke clearly and performed well on any field sobriety tests.

An attorney may also be able to contest the suspension or revocation of your license. Your chances of fighting the suspension are better if you act quickly after the arrest. But bear in mind that the Secretary of State and the court are on two separate tracks.  A win in one does not guarantee a win in the other.  Therefore, you could win the DUI and still lose your license or vice versa.

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 GO TO JAIL ON A SECOND-TIME DUI?

Posted on December 14, 2025 by mdkeenan

The answer is yes. But there may be a way out.

In Illinois, a second DUI carries a mandatory minimum of five days in jail OR 240 hours of community service, along with other penalties. A court is more likely to sentence you to jail if you had a high breathalyzer or there were other aggravating factors such as children in the car.  And some judges are stricter than others.

If you are charged with a second-time or greater DUI, contact an experienced attorney immediately.  An attorney can present your case in its  most favorable light.  An attorney can review whether the police had probable cause to stop you, or the state can prove all the elements of a DUI beyond a reasonable doubt.

Should a plea bargain be necessary, an attorney can guide you on voluntarily seeking treatment for any substance abuse issues.  A court or prosecutor often views defendants who take responsibility for their actions more favorably and may be more inclined to offer a lighter sentence.

In addition, an attorney, who is familiar with your judge, may have a better idea on what that judge likes and doesn’t like.  Thus, an attorney can highlight your most persuasive points in the hope of obtaining a more lenient sentence.

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 5/11-501(c)(2).

(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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Is Confessing to DUI Enough to Convict You?

Posted on November 30, 2025 by mdkeenan

You had several drinks at a party, then drove yourself and some friends home. On the way, you hit a light pole. You were walking home when police stopped you. You told them you’d had too much to drink and shouldn’t have driven your car. Now you are arrested for DUI.

Is your confession enough to convict you?

While we always tell clients not to make statements to third parties and especially not the police, a confession, by itself, is not enough to convict you in Illinois. The problem arises when your confession is corroborated by other evidence.

To convict you of DUI, the state of Illinois must prove beyond a reasonable doubt that 1) you were driving and 2) you were under the influence of drugs or alcohol. Illinois courts have long held that the elements of a crime cannot be proven by a defendant’s confession without some independent evidence.

Generally, DUI confessions become an issue when a defendant has left the car before police arrive. The defendant’s statement that he or she drove is not enough to prove driving. Coming up with corroboration, however, may not be very difficult. One Illinois case involved a defendant who was seen standing next to the car he owned while the car’s other occupant was trapped in the passenger seat. Evidence also showed that the defendant was fussy about his car. Therefore, it was unlikely he would have trusted his car to another driver. The Court held that this was sufficient evidence to support a conviction.  See People v. Rhoden.

Could you be convicted if you admitted to police you were drunk? Defense attorneys never like it when clients make these statements. It can make the case more difficult, although not impossible, to defend. The State, however, would still need independent evidence, but an officer’s testimony that you smelled of alcohol, had slurred speech and glassy eyes and drove all over the road might be more than enough corroboration.

If you are charged with DUI or another traffic or criminal offense, contact an experienced attorney immediately. An experienced DUI attorney can evaluate your case for the best possible defense.

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.

(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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