Category Archives: DUI evidence

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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WHAT IS DRUNK DRIVING IN ILLINOIS?

We all know that drunk driving is something you shouldn’t do. But legally speaking, what exactly is it? How does a court decide when you crossed the line and became too drunk to drive? Under 625 ILCS 5/11-501(a)(2), a person … Continue reading

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HOW CAN I KEEP OUT EVIDENCE FROM MY POLICE STOP? THE ILLINOIS MOTION TO SUPPRESS

You really were doing nothing wrong. You didn’t run a stop sign, and you weren’t speeding. You’d had more than a couple drinks at the bar, but your driving was just fine. Then suddenly the police are behind you. During … Continue reading

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WHEN DOES A TRAFFIC STOP BECOME AN ARREST?

You were driving your car when police stopped you for a broken taillight. The officer started out friendly enough but then began to suspect you of some type of wrongdoing. Now the officer has asked you to get out of … Continue reading

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ILLINOIS DUI FIELD SOBRIETY TESTING: HOW WELL DID YOU FOLLOW INSTRUCTIONS?

If you are stopped for an Illinois DUI, the officer will likely ask you to perform field sobriety tests. Refusing these tests increases the length of your driver’s license suspension but may improve your chances of winning at trial. If … Continue reading

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DID I CONSENT TO DUI TESTING?

Under the Illinois implied consent law, you are deemed to have consented to drug or alcohol testing if you are arrested for violating the Illinois Vehicle Code as evidenced by a Uniform Traffic Ticket. (You may still refuse testing, although … Continue reading

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MY MOUTH WAS BLEEDING. COULD THAT CHANGE MY BREATHALYZER RESULT?

The police stopped you for suspected DUI. While you agreed to take the breathalyzer, you were so nervous that you accidentally bit your tongue. You could even taste the blood in your mouth. The breathalyzer registered over the legal limit, … Continue reading

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