Category Archives: DUI testing

CAN THE STATE USE THE RESULTS OF A FORCED BLOOD OR URINE TEST? IT DEPENDS ON WHO’S DOING THE FORCING

In most cases, the police cannot forcibly draw your blood or urine without a warrant. But what if it’s the doctor who’s forcing the tests as part of your treatment plan? According to a recent Illinois appellate case, the state … Continue reading

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CAN YOU FIGHT THE SUSPENSION OF YOUR DRIVER’S LICENSE BASED ON A MEDICAL CONDITION?

UPDATED: September 24, 2018 You were driving somewhat erratically, when police stopped you. The officer suspected you were driving under the influence of alcohol or drugs. In reality, you suffer from a medical condition, but the officer didn’t believe you. … Continue reading

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ILLINOIS APPELLATE COURT STRIKES DOWN STATUTE REQUIRING DRIVERS TO SUBMIT TO TESTS AFTER SERIOUS ACCIDENTS

UPDATED DECEMBER 17, 2019: The Illinois Supreme Court overturned the decision below on December 5, 2019. Please see our post regarding this decision at ILLINOIS SUPREME COURT UPHOLDS STATUTE REQUIRING A DRIVER TO SUBMIT TO BLOOD, BREATH AND BODILY FLUID … Continue reading

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I WAS CAUGHT SWITCHING SAMPLES IN MY DRUG TEST WHAT CAN HAPPEN?

You were convicted for a drug-related DUI. As part of your sentence, you must submit to random drug testing. You knew you couldn’t pass, so you switched your urine sample with a friend’s. Somehow, the probation officer figured it out. … Continue reading

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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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MARIJUANA CAN STILL GET YOU IN TROUBLE

There is no doubt that laws regarding marijuana are liberalizing. A new law effective July 29, 2016 takes marijuana out of the trace law–the law that convicts you for DUI if you cause a serious accident whether or not you … 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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FOLLOWING DIRECTIONS: DUI TESTING IN ILLINOIS

After leaving the bar, you blew a stop sign. Unfortunately, police were watching and stopped you for DUI. You agreed to take some field sobriety tests. Although you thought you passed, the officer arrested you. You walked a straight line … Continue reading

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