Category Archives: DRIVING UNDER THE INFLUENCE

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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“BUT I WASN’T NEAR MY CAR!”: THE “DRIVING” IN ILLINOIS DUI

If you are walking down the street, it seems reasonable to assume that you aren’t in the act of driving. Yet, under Illinois law, you can be charged with drunk driving even if you are nowhere near your car. How … Continue reading

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CAN THEY SEARCH MY STUFF IN SOMEONE ELSE’S CAR?

You were a passenger in a friend’s car. You had your suitcase in the backseat. Your friend got pulled over by police, and police searched your bag and found drugs or weapons. Can the police search your bag if you … Continue reading

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DRIVING UNDER THE INFLUENCE OF CANNABIS OR DRUGS IN ILLINOIS

In Illinois, there are several ways of charging you with driving under the influence of marijuana or cannabis. With one exception, however, the state may have difficulty proving you were actually impaired. If you were driving after smoking pot you … Continue reading

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“CAN THEY REALLY STOP ME FOR THAT?” OBSTRUCTED WINDSHIELDS, IMPROPER LICENSE PLATE DISPLAY, AND OTHER MINOR OFFENSES

UPDATED July 25, 2023:  As of January 1, 2024, police will no longer be able to stop you for something hanging from your front windshield.  While you may not drive a motor vehicle with any objects suspended between  you and … Continue reading

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BUT IT’S MY FIRST DUI! DOESN’T THAT MATTER?

You’ve never been in trouble before. This DUI is your first arrest of any kind. Doesn’t that help? The answer is yes and no. A first offender may be eligible for a lighter sentence than a repeat offender. However, your … 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 COOK COUNTY VETERANS TREATMENT COURT HELPS VETERANS WITH DRUG, DUI OR OTHER NONVIOLENT CRIMES

As a veteran of the United States Military, you may qualify for a special program to help deal with your criminal or DUI charges. The Cook County Veterans Treatment Court program aims to prevent veterans from returning to the criminal … Continue reading

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WHY HASN’T MY ILLINOIS DUI BEEN DISMISSED WHEN THE COP IS NOT IN COURT?

You were charged with DUI, and you’ve been to court maybe six times. Not once have you seen the officer who arrested you. Meanwhile, you’ve watched other cases get dismissed because a witness or even an officer didn’t show. Why … 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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