Category Archives: breathalyzer/field sobriety test

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

An Illinois Appellate Court recently struck down part of the Illinois statute on alcohol testing. Section 625 ILCS 5/11-501.2(c) required that a driver submit to blood, breath or bodily fluid testing for drugs or alcohol where the officer has probable … 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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DO I HAVE TO TAKE A PRELIMINARY BREATH TEST IN ILLINOIS?

If you are stopped for a traffic violation and the officer suspects you of DUI, he or she might ask you to take a preliminary breath test (PBT). Can you refuse? Under Illinois statute, if an officer has a reasonable … Continue reading

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PROPOSED ILLINOIS LAW TAKES MARIJUANA OUT OF THE DUI TRACE LAW

A proposed Illinois law would resolve some of the conflict between liberalized marijuana laws and their impact on DUI. Under a current Illinois law, known as the “trace law,” you may be convicted of DUI if you have any unlawful … Continue reading

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LOOKING BACKWARDS: HOW THE STATE PROVES YOUR BLOOD ALCOHOL WAS HIGHER THAN YOUR BREATHALYZER RESULT

You had several drinks at the bar before you drove home. Police stopped you for a moving violation and arrested you for DUI. At the police station, you agree to take the breathalyzer. The reading is .077, just below the … Continue reading

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