Category Archives: DUI evidence

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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CAN I BE CONVICTED FOR DUI BASED ON MY FLASK?

You were stopped for failing to signal a turn.  When you opened the window, the officer spotted a flask on your passenger seat, smelled alcohol and asked you to take field sobriety tests, which you refused.  Can you be convicted … Continue reading

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CAN YOU CHALLENGE THE BLOOD ALCOHOL TEST RESULTS FROM YOUR DUI?

After an accident, you were taken to a hospital and your blood was tested. The results gave you a blood alcohol result that was way over the legal limit. Can you challenge the testing? The answer depends on who did … Continue reading

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CAN POLICE SEARCH MY HOSPITAL ROOM WITHOUT A WARRANT?

The answer is generally no. The Fourth Amendment protects you from warrantless searches in places where you have a reasonable expectation of privacy unless the search falls under an exception to the warrant requirement, such as when an item is … Continue reading

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CAN MY CONSENT TO CHEMICAL TESTS BE USED AGAINST ME IF I WASN’T UNDER ARREST FOR DUI?

According to recent Illinois case law, the answer is a probable yes. Under Illinois law, any person who drives or is in actual physical control of a motor vehicle upon the public way shall be deemed to have consented to … Continue reading

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DO POLICE NEED A WARRANT TO GET MY BLOOD TEST RESULTS FROM A  HOSPITAL?

After having too much to drink, you were involved in an auto accident and taken to the emergency room.  The nurse was very friendly while taking a sample of your blood.  The hospital had your blood tested for alcohol which … Continue reading

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