Category Archives: DUI evidence

CAN AN OFFICER’S PREJUDICE BE A DEFENSE TO DUI?

You had an argument with your wife, and the police came to your house.  After you both cooled off, the officer gave you a stern talk but decided not to make an arrest.  The very next night, the same officer … Continue reading

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CAN POLICE USE THE RESULTS OF A HOSPITAL BLOOD TEST AGAINST YOU?

You thought you were safe to drive, but unfortunately, you caused an accident.  An ambulance took you and the other party to the hospital.  At the hospital, the nurse drew your blood to run some tests.  One test was for … Continue reading

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CAN I BE CONVICTED OF RECKLESS HOMICIDE BASED ON  DUI?

The answer is not necessarily. That said, the DUI doesn’t help. You commit reckless homicide when you unintentionally cause a death without lawful justification by recklessly driving a vehicle (including a snowmobile or boat)  in a manner likely to cause … Continue reading

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CAN YOU BE CHARGED WITH OBSTRUCTION OF JUSTICE FOR REFUSING TO GIVE A BLOOD SAMPLE?

A recent Illinois Supreme Court decision says no. In People v Hutt, the defendant refused to let medical personnel draw his blood and refused to provide a urine sample despite a warrant authorizing these samples. Defendant was later convicted of  DUI … Continue reading

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THE LAW ON POLICE BODY CAM VIDEOS IN ILLINOIS

Illinois law requires police to use body cams at all times when the officer is in uniform, responding to calls or engaged in any law enforcement-related activity while on duty. If exigent circumstances prevent the officer from turning on the … Continue reading

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CAN I BE FOUND GUILTY OF DUI IF NO VIDEO WAS MADE OF THE ARREST?

You were driving home from watching a game at the bar when your car ran out of gas.  An officer stopped to see if you needed help.  He smelled the alcohol,  and you ended up arrested for DUI after you … Continue reading

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CAN BACK TROUBLE AFFECT YOUR DUI?

You hurt your back at work.  It didn’t stop you from going to your boss’s birthday party, but you only had two beers  and then the police stopped you for speeding.  You really were okay to drive, but you had … Continue reading

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CAN YOU REFUSE TO GIVE A BLOOD OR URINE SAMPLE WHEN THERE IS A VALID SEARCH WARRANT?

According to a recent Illinois Appellate Court decision, the answer is no. Further, you could end up with additional criminal charges. In People v. Hutt, an officer obtained a search warrant for the defendant’s blood and urine after arresting him … Continue reading

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CAN I BE CONVICTED FOR DUI IN ILLINOIS IF I AM UNDER THE LEGAL LIMIT?

The answer is yes, if you showed other signs of impairment. In Illinois, the legal limit is currently .08 for alcohol. For marijuana, the limit is 5    nanograms per milliliter of whole blood or 10 nanograms per milliliter of … Continue reading

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CAN I BE ARRESTED IF DRUGS ARE FOUND IN A CAR AND I AM A PASSENGER?

You were riding around late one night with a friend who was driving.  An officer pulled you the car over.  Smelling alcohol on your friend, the officer had you both leave the car before spotting narcotics under the driver seat. … Continue reading

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