Category Archives: DUI evidence

CAN I BE CONVICTED FOR DUI BASED ON MY FLASK?

You were stopped for failing to signal a turn.  When you opened the window, the officer spotted a flask on your passenger seat, smelled alcohol and asked you to take field sobriety tests, which you refused.  Can you be convicted … Continue reading

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CAN YOU CHALLENGE THE BLOOD ALCOHOL TEST RESULTS FROM YOUR DUI?

After an accident, you were taken to a hospital and your blood was tested. The results gave you a blood alcohol result that was way over the legal limit. Can you challenge the testing? The answer depends on who did … Continue reading

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CAN POLICE SEARCH MY HOSPITAL ROOM WITHOUT A WARRANT?

The answer is generally no. The Fourth Amendment protects you from warrantless searches in places where you have a reasonable expectation of privacy unless the search falls under an exception to the warrant requirement, such as when an item is … Continue reading

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CAN MY CONSENT TO CHEMICAL TESTS BE USED AGAINST ME IF I WASN’T UNDER ARREST FOR DUI?

According to recent Illinois case law, the answer is a probable yes. Under Illinois law, any person who drives or is in actual physical control of a motor vehicle upon the public way shall be deemed to have consented to … Continue reading

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DO POLICE NEED A WARRANT TO GET MY BLOOD TEST RESULTS FROM A  HOSPITAL?

After having too much to drink, you were involved in an auto accident and taken to the emergency room.  The nurse was very friendly while taking a sample of your blood.  The hospital had your blood tested for alcohol which … Continue reading

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CAN I BE CONVICTED OF DUI WHEN THE CAR WAS OFF?

The answer is yes. In Illinois, you may be guilty of DUI if you are in actual physical control of a vehicle while under the influence of alcohol. To convict you, the state need only show that you had the … Continue reading

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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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