Category Archives: breathalyzer/field sobriety test

THE PROS AND CONS OF TAKING THE BREATHALYZER

You were on your way home from a night out on the town when the police pulled you over for a minor traffic violation.  They asked you to perform some field sobriety tests and take a breathalyzer.  Should you do … 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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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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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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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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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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SPECIAL DEFENSES FOR ILLINOIS DUI

Despite what you hear about criminal defendants “getting off on a technicality,” that really doesn’t happen very often. Most appellate courts are reluctant to let an otherwise guilty defendant go free if they can find any way to uphold the … Continue reading

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