Category Archives: DUI evidence

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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ROADSIDE DRUG TESTING MAY BE COMING TO A MUNICIPALITY NEAR YOU

As the opioid crisis continues to alarm, the village of Carol Stream became the first municipality in Illinois to experiment with roadside drug testing. The tests use a mouth swab to screen for marijuana, cocaine, amphetamines, methamphetamines and opiates such … Continue reading

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CAN POLICE USE A DOG TO SNIFF YOUR CAR?

If police stop you for a traffic violation, they don’t need a reason to change the reason they stopped you. For example, they can stop you for speeding but then bring in a narcotics dog to sniff your car. However, … Continue reading

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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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