Category Archives: DUI evidence

WHAT HAPPENS IF THE STATE LOSES THE VIDEO OF MY ARREST?

During an arrest for DUI, the officer or the squad car may be filming you. In some cases, this video can help your case by showing you did not appear impaired. But what happens if that video disappears? Can the … Continue reading

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ILLINOIS SUPREME COURT UPHOLDS STATUTE REQUIRING A DRIVER TO SUBMIT TO BLOOD, BREATH AND BODILY FLUID TESTING

Overturning a lower court’s decision, the Illinois Supreme Court upheld a part of the Illinois statute on alcohol testing which requires that a driver submit to blood, breath or bodily fluid testing for drugs or alcohol where an officer has … Continue reading

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IS THE BREATHALYZER TEST RELIABLE?

You honestly didn’t have much to drink at the football game, but a police officer stopped you on the way home for improper lane usage. You took the breathalyzer test, figuring you would pass it anyway. But the test results … Continue reading

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CAN THE STATE PROVE YOU WERE DRIVING IN AN ILLINOIS DUI?

If you are charged with DUI, the state must prove beyond a reasonable doubt: 1) that you were impaired and 2) that you were driving. This burden may be more difficult to meet if no one actually saw you behind … Continue reading

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CAN I DRIVE WITH RECREATIONAL MARIJUANA IN THE CAR?

Recreational marijuana is about to become legal in Illinois, but that doesn’t mean you can cruise the highway lazily puffing a joint with your stash on the seat. Be aware that there are still limits. As with open alcohol, you … Continue reading

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DO I HAVE A RIGHT TO SEE THE POLICE VIDEO OF MY ILLINOIS DUI ARREST?

The officer stopped you for a broken tail light. When you rolled down your window, he smelled the odor of alcohol and asked you to get out of the car. You took the field sobriety tests and thought you did … Continue reading

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CAN THE NATURE OF THE ROAD BE A DEFENSE TO AN ILLINOIS TRAFFIC TICKET OR DUI?

In reviewing a traffic ticket or DUI, the court generally reviews all the facts of your case. In some situations, the type of road you were driving on may become important. For example, does an officer have probable cause to … Continue reading

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WHAT KIND OF WARNINGS ARE THE POLICE REQUIRED TO GIVE BEFORE I CAN BE ARRESTED FOR DUI IN ILLINOIS?

When you are arrested for DUI, the police must read you the Warnings to Motorists, but this is not the same as your Miranda rights. The Illinois Secretary of State will try to automatically suspend your driver’s license on the … Continue reading

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CAN POLICE SEE THE RESULTS OF MY HOSPITAL BLOOD TEST?

You got into an accident after drinking at a party. You were taken to the hospital where your blood was drawn. The blood test clearly shows you were well over the legal limit. Can the police get those test results … Continue reading

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DOES ADMITTING I WAS DRUNK CONVICT ME OF DUI?

When the officer pulled you over, you were very compliant. Perhaps a little too compliant. You readily told the officer you’d had too much to drink. Is your DUI defense over before it begins? While statements like “I am drunk” … Continue reading

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