Category Archives: DUI evidence

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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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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CAN I BE ARRESTED FOR AVOIDING A POLICE ROADSIDE CHECKPOINT IN ILLINOIS?

You were driving home from a party when you noticed several cars up ahead and spotted a police checkpoint. You really didn’t want the hassle, so you turned your car around and drove away. Next thing you know, a police … 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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