Category Archives: breathalyzer/field sobriety test

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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HOW THE DEFENSE MAY SHOW YOUR BLOOD ALCOHOL IS LOWER THAN YOUR BREATHALYZER

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 blew the breathalyzer. The reading was over the legal limit. Your friend, … Continue reading

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DO YOU HAVE A RIGHT TO REFUSE TO DUI TESTING IN ILLINOIS?

If you are stopped for DUI, you can refuse to take a breathalyzer or perform field sobriety tests. But your ability to refuse is not a constitutional right and is not protected by your Fifth Amendment right against self incrimination. … Continue reading

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HOW ACCURATE IS THE BREATHALYZER MACHINE?

When you are stopped for DUI, the officer might ask you to blow into a portable breathalyzer machine. Depending on that reading, you may be arrested and asked to blow into a breathalyzer at the police station. Many factors can … Continue reading

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“HOW DID I DO?”: EVALUATING DUI VIDEO EVIDENCE

Many police department, including Chicago, Niles, Morton Grove and Skokie, require police to video traffic stops if their car is equipped with a camera. The video should be the most accurate record of how you performed on field sobriety tests. … Continue reading

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CHEATING YOUR CAR’S BREATHALYZER DEVICE JUST GOT HARDER IN ILLINOIS

Some DUI defendants qualify for a breath activated ignition interlock device (BAIID). The device allows you to drive as long as you blow into a breathalyzer. If you are intoxicated, the car will not start. Some drivers evade this requirement … Continue reading

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THE CHARGE OF BAC EXCEEDS 0.08 IN ILLINOIS

Your driving was actually just fine, but your breathalyzer was well over the legal limit. Or maybe you swerved all over the lane, but you only blew a .04. Either way, you can be found guilty of DUI. How can … Continue reading

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CAN THEY TAKE MY BLOOD? YOUR RIGHTS AND DUI BLOOD TESTING

You were leaving an after-work party, when you missed a stop sign and slammed into another car. Both you and the other driver were taken to the hospital. At the hospital, an officer asked the nurse to draw your blood … Continue reading

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