Category Archives: DUI evidence

WERE YOU DRIVING A MOTOR VEHICLE UNDER ILLINOIS DUI LAW?

To be convicted of DUI, the state must prove beyond a reasonable doubt that you were operating a motor vehicle while under the influence of drugs or alcohol. But what exactly is a motor vehicle? Naturally, a car, a truck … Continue reading

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DOG SNIFFS AND THE UNDULY PROLONGED TRAFFIC STOP

In 2005, the United States Supreme Court changed the law regarding police stops. Before Illinois v Caballes, police needed specific and articulable facts to change the nature of a stop. After 2005, an officer could change the nature of the … 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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IT’S ALL ABOUT THE DRIVING: DUI EVIDENCE IN ILLINOIS

To be convicted of DUI in Illinois, the state must prove beyond a reasonable doubt that you were in physical control of a vehicle while under the influence of alcohol or another drug. To determine if a defendant was really … 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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“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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PROVING THE BREATHALYZER IN ILLINOIS

You had always heard that if you were stopped for DUI, you should refuse to take a breathalyzer. But when the time came, you went right along with police and blew over the limit. What can you do? When you … Continue reading

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FOLLOWING DIRECTIONS: DUI TESTING IN ILLINOIS

After leaving the bar, you blew a stop sign. Unfortunately, police were watching and stopped you for DUI. You agreed to take some field sobriety tests. Although you thought you passed, the officer arrested you. You walked a straight line … Continue reading

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NEW SUPREME COURT LAW ON ANONYMOUS TIPS AND DUI

Police are allowed to stop drivers based on anonymous tips. The key question is whether the tip was reliable enough to provide probable cause for the stop. The Supreme Court just made that job a lot easier for the prosecution. … Continue reading

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