IS A CONFESSION ENOUGH TO CONVICT YOU OF DUI IN ILLINOIS?

Posted on July 16, 2012 by mdkeenan

You had several drinks at a party, then drove yourself and some friends home. On the way, you hit a light pole. You were walking home when police stopped you. You told them you’d had too much to drink and shouldn’t have driven your car. Now you are arrested for DUI.

Is your confession enough to convict you?

While we always tell clients not to make statements to third parties and especially not the police, a confession, by itself, is not enough to convict you in Illinois. The problem arises when your confession is corroborated by other evidence.

To convict you of DUI, the state of Illinois must prove beyond a reasonable doubt that 1) you were driving and 2) you were under the influence of drugs or alcohol. Illinois courts have long held that the elements of a crime cannot be proven by a defendant’s confession without some independent evidence.

Generally, DUI confessions become an issue when a defendant has left the car before police arrive. The defendant’s statement that he or she was driving is not enough to prove that element. Coming up with corroboration, however, may not be very difficult. One Illinois case involved a defendant who was seen standing next to the car he owned while the car’s other occupant was trapped in the passenger seat. Evidence also showed that the defendant was fussy about his car. The Court held that this was sufficient evidence to support a conviction.

Could you be convicted if you admitted to police you were drunk? Defense attorneys never like it when clients make these statements. It can make the case more difficult, although not impossible, to defend. The State, however, would still need independent evidence, but an officer’s testimony that you smelled of alcohol, had slurred speech and glassy eyes and drove all over the road might be more than enough corroboration.

If you are charged with DUI or another traffic or criminal offense, contact an experienced attorney immediately. An experienced DUI attorney can evaluate your case for the best possible defense.

If you have questions about this or another related criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.

(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)

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DO I NEED AN ATTORNEY FOR A DUI BOND HEARING IN ILLINOIS?

Posted on June 26, 2012 by mdkeenan

(UPDATED 1/16/24:  Illinois eliminated cash bond under the SAFE-T Act as of September 18, 2023.  However, you can still be held in jail if the state meets certain criteria. You should still consider hiring an attorney for any pre-trial detention hearing. See our related post at: What to Expect at Your Illinois Bond Hearing Now That Cash Bail is Abolished).

The answer is yes. An experienced criminal law attorney can present your situation in the light most favorable to a judge, which could mean the difference between waiting for your trial inside the county jail or out.

If you are arrested for DUI in Illinois, there are three types of bonds, an I-bond, D-bond and C-bond. If you have a first time DUI, you will most likely be released on an I-bond at the time of your arrest. An I-bond means you do not have to pay money or wait for a court hearing. You are allowed to go on your own recognizance.

Sometimes, the police will allow you to leave after posting a smaller bond of a few hundred dollars or less.

If your DUI is a felony, for example because it was your fourth DUI or someone was killed, you may be held in jail until the bond hearing, which is usually on the next business day. At that hearing, you may be ordered to pay either a D- or C-bond, or the judge may refuse to grant bond at all so that you must remain in jail. A D-bond means you must pay 10% of whatever amount the judge sets as bond. For example, if the bond is $10,000, you must come up with $1,000 to be released from jail. A C-bond means you must pay the entire amount set by the judge. A C-bond may be so high that it is like not having bond set at all. There are no bail bondsmen in the State of Illinois, so you will need to get that money from your own resources.

If you cannot pay your C- or D-bond, you will be held in jail until the disposition of your case by trial or plea agreement.

While having an attorney does not guarantee that you will be set free, an attorney can help persuade the judge to set a lower bond or to allow some other arrangement such as home monitoring. An attorney who is familiar with the judges in your courthouse is likely to have a better idea than most clients on what arguments are likely to sway a judge. If you cannot afford an attorney, a public defender will be assigned for purposes of the bond hearing.

For information on posting bond, visit our website at Where to Post Bond.

If you have questions about this or another related criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com

(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)

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CAN I LOSE MY DRIVER’S LICENSE BECAUSE OF A DUI IN ILLINOIS?

Posted on May 30, 2012 by mdkeenan

You have been arrested for DUI. You remember the police officer said something about a suspension, but you don’t remember exactly what. And what if you are found guilty? Will you lose your license then?

Generally, a first-time DUI results in the temporary suspension of your license. After your arrest, either because of drugs or alcohol, the Secretary of State will issue a Statutory Summary Suspension which suspends your license on the 46th day after your arrest for a period of six months. If you refused the breathalyzer or field sobriety tests, you may be suspended for one year.

For most first-time DUIs, you will not lose your license after the suspension expires except under certain circumstances. Under the Illinois Zero Tolerance policy, the Secretary of State will automatically suspend your license if you are under age 21, even if you weren’t actually driving but were caught drinking or carrying open alcohol in the passenger compartment.

You can also lose your license if you are convicted. Generally, a first time DUI offender will receive a sentence of supervision. Supervision may involve attending alcohol classes, performing community service and paying fines. Supervision is not a conviction, and thus, you would still be allowed to drive. However, if your DUI resulted in an accident that caused serious injury or involved some other aggravating circumstances such as an extremely high breathalyzer, you could be convicted on a first offense. Convictions are the rule for second or subsequent DUI offenses.

If you are convicted, the Secretary of State may revoke your license indefinitely until you satisfy several conditions, and maybe not even then. Conditions may include attending classes, obtaining alcohol abuse treatment and surviving a rigorous interview with the Secretary of State. Even if you are diligent, the Secretary of State will probably require your car to be fitted with a breath activated ignition interlock device (BAIID) prior to returning your license.

If you are charged with DUI, contact an experienced attorney immediately. An experienced DUI attorney may be able to fight the Statutory Summary Suspension on your behalf, or at least, help you obtain a BAIID so that you can continue to drive.
If you have questions about this or another related criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com


(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)

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WHY IS MY CHICAGO DUI IN SKOKIE?

Posted on May 18, 2012 by mdkeenan

You seldom set foot out of the city. You live in Chicago, you were pulled over for DUI in Chicago, Chicago police arrested you, and your bond hearing was held in Chicago. But now, you’re heading for your first court date at some place in Skokie or Bridgeview.

Why isn’t your felony DUI case being handled in Chicago?

In Cook County, Chicago felony cases are generally assigned to the Criminal Courts Building at 2600 S. California. However, Chicago is the third largest city in the United States, and that means a comparably large number of felony cases that go through one relatively small building.

According to a 2007 study by the Chicago Appleseed Fund for Justice, Chicago’s criminal court system handles more than 28,000 felonies per year. Probation handles 23,000 cases per year and the neighboring jail harbors 10,000 inmates awaiting trial. All this falls on the shoulders of the 29 judges currently listed for that courthouse. ( Cook County Court Directory.) The 2007 study found that each judge had an average of 275 cases pending at any one time, with little time available for trials.

As a result, something had to give. Any felony case overflow is directed to two suburban courthouses. If your offense took place south of Madison Street, then you could be assigned to the Bridgeview Courthouse at 10220 S. 76th Street. If your offense was north, you may be appearing at the Skokie Courthouse at 5600 Old Orchard Road.

No matter where your case may be heard, it is essential to have an experienced DUI attorney who is familiar with the judges in that courthouse. Many a defense strategy is based on gauging how a judge might react to your individual situation.

If you have questions about this or another related criminal, DUI or traffic matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com

(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)

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CAN THEY TAKE MY BLOOD? YOUR RIGHTS AND DUI BLOOD TESTING

Posted on April 19, 2012 by mdkeenan

You were leaving an after-work party, when you missed a stop sign and slammed into another car. Both you and the other driver were taken to the hospital. At the hospital, an officer asked the nurse to draw your blood for DUI testing. Your blood then tested over the .08 limit.

Can the police draw your blood if you did not consent? What can you do?

Under Illinois DUI law, you have the right to refuse chemical testing except under certain circumstances. Exercising your right to refuse does come with penalties: the length of time your driver’s license is suspended can be doubled, and your refusal can be admitted in court to show “consciousness of guilt.”

When it comes to blood alcohol testing, the police can obtain a sample of your blood without your consent if you were involved in an accident that caused serious injury or death. Serious injury is defined as requiring immediate professional attention in “either a doctor’s office or a medical facility. A Type A injury includes severe bleeding wounds, distorted extremities, and injuries that require the injured party to be carried from the scene.” (625 Illinois Compiled Statutes 11.501.2.) The blood sample, however, can only be taken by licensed physician, phlebotomist, physician’s assistant, nurse, paramedic or someone else deemed qualified by the Department of State Police. You can also have blood drawn by a medical professional of your choosing in addition to the sample taken for the police.

Can the police use physical force to draw the blood sample from you? A recent Illinois Appellate Court decision said no. In that case, the defendant injured her head in a car accident and was taken by ambulance to the hospital. Although she refused blood testing, hospital personnel held her down and forcibly drew blood. The Appellate Court said that while a defendant did not have a right to refuse the blood test, the police still had no right to use physical force to extract it. State of Illinois v Jacqueline Farris.

If police have taken your blood sample and charged you with DUI, consult an experienced attorney immediately. Depending on how and why the sample was taken, you may have grounds to suppress the test results. Even if the police strictly followed the law, a DUI attorney can probe for other weaknesses in the state’s case, or if all else fails, negotiate a more favorable plea agreement than you might do on your own.

If you have questions about this or another related criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com


(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)

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CAN YOU FAIL FIELD SOBRIETY TESTS EVEN IF YOU ARE NOT INTOXICATED?

Posted on March 19, 2012 by mdkeenan

You were driving home after a party. On your way, you came across a DUI checkpoint. The officer said he smelled alcohol on your breath and asked you to perform some field sobriety tests. You figured you only had a couple beers, so the tests should be no problem. To your surprise, you performed badly, and now you are charged with DUI.

If the police observe signs of intoxication such as slurred speech, glassy eyes or alcohol on your breath, they can ask you to take field sobriety tests. If you do not pass the tests, the police can ask you to take the breathalyzer. Of course, you still have the right to refuse testing.

In Illinois, there are three common field sobriety tests: 1) the Horizontal Gaze Nystagmus test (HGN), 2) the One-Leg Stand and 3) the Walk and Turn test. Sometimes an officer could ask you to recite the alphabet or even pick up coins, but these tests are becoming increasingly outdated. For the HGN, an officer may ask you to follow an object such as a pencil with your eyes from side to side. If your eyes bounce up and down instead of moving smoothly, it could indicate impairment. The One-Leg Stand requires you to stand on one leg held up about six-inches high with your arms at your side for about 30 seconds. In the Walk and Turn test, you are asked to walk nine steps in a straight line, then turn and walk back.

Several factors can influence the results of these tests even if you have not been drinking. For the HGN, a number of over-the-counter medications can cause your eyes to waver. Some people fail the test because of a natural condition that causes their eyes to jerk or bounce. For this reason, many judges are skeptical about HGN evidence.

Regarding the One-Leg Stand, some people have naturally poor balance. A leg or hip injury can cause you to wobble or put your foot down prematurely. Maybe you were working late and became tired? Exhaustion can also affect the test result. Some experts believe the One-Leg Stand is inherently unreliable, as it forces people to hold a position they would never take in real life.

Factors that could affect the Walk and Turn test include the condition of the pavement, how the instructions were given and what you were wearing. Is the pavement uneven or smooth? Icy, wet or dry? Sloped or flat? Were you asked to walk on a real line or imaginary line? Did the officer demonstrate the test so that you understood what to do? Did you perform the test in bare feet, comfortable shoes or were you wearing heels?

Your performance on all these tests could be affected if you have a language barrier. If you cannot understand the instructions, you might not perform as well as you could. You might appear intoxicated on video of the tests, even though you may have just been scared and confused.

If you are charged with DUI, contact an experienced criminal lawyer immediately. Do not discuss your case with others or police. Just like in cop shows, any statements you make can be used against you. An experienced attorney can review your case for a possible defense. In appropriate cases, an attorney may even get the results of a field sobriety test or breathalyzer thrown out along with the charges against you.

If you have questions about this or another related criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.
For more information, see National Highway Traffic Safety Association.

(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)

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UNDERAGE DRINKING IN ILLINOIS

Posted on February 20, 2012 by mdkeenan

In Illinois, underage drinking carries penalties not just for the person providing the alcohol, but to the underage drinker as well.

If you are under age 21, it is a Class A Misdemeanor, punishable by up to one year in jail and a $2,500 fine, to possess, dispense or consume alcohol. You may not buy alcohol, nor can you accept it as a gift. The law also prohibits faking or altering your identification.

The charge for providing alcohol to someone underage is also a Class A Misdemeanor. If you sell alcohol, and you or your employees reasonably believe someone is underage, you must ask for ID.

If you add a car into the mix, the underage drinker can be in even greater trouble. Open alcohol containers in your car or even trace amounts of alcohol on your breath can trigger Illinois’s Zero Tolerance law, leading to the suspension of your driver’s license. See our related post Illinois Zero Tolerance Law.

If you are charged with underage possession or consumption of alcohol, speak with an experienced attorney immediately. Do not make any statements to the police or to third parties. Just like in police shows, any statements you make can be used against you.

As with other criminal offenses, the state must prove you guilty beyond a reasonable doubt. The law provides a couple limited defenses. You may consume alcohol as part of a religious ceremony or if you are under your parents’ direct supervision in the privacy of your home.

If you have questions about this or another related criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com

(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)

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POLICE VIDEOS OF DUI ARRESTS: NEW ILLINOIS COURT RULING

Posted on February 3, 2012 by mdkeenan

You were stopped for DUI. The officer asks you to get out of the car, and you agree to take the field sobriety tests. You thought you did pretty well holding your leg up and walking a straight line, but the officer’s report says you fell all over yourself.

Now you are afraid that if you go to trial, it will be your word against the officers, and who do you think a judge or jury is going to believe? That’s why the mobile video recording of your stop is so important. It is the one objective piece of evidence that can show what really took place.

The Illinois Supreme Court recently upheld your right to get a copy of the video recording from your arrest. Under certain circumstances, a judge may even sanction the prosecution if the video evidence is unavailable. For example, a judge could prevent the officer from testifying about anything that would have been shown on your video. So let’s say the officer would have testified that you couldn’t stand up straight. Without the video, the court might prevent the officer from talking about that. In some instances, this could even result in your case getting dismissed.

If you are stopped for DUI, the police recording should operate from about the time the sirens go on. Generally, a video should capture the officer speaking with you, your exiting the car and any field sobriety tests you might take. Some videos even show the police searching your car after the arrest.

Illinois first began requiring the state to equip its police cars with mobile video recording equipment in 2008. Taping traffic stops is good for both police and for DUI defendants. The video provides a truthful record. Police are protected from false allegations of lying and brutality. And you are protected from an officer who might lie about your actions.

If you have questions about this or another related criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com

 

(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)

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THE BREATHALYZER: HOW YOU CAN GET A FALSE READING

Posted on January 17, 2012 by mdkeenan

You just got stopped for DUI. The officer asked you to perform some field sobriety tests and take the portable breathalyzer. You agreed. After all, you figured you only had a couple beers, the result would be well below the limit, and you’d be on your way home.

But to your surprise, the breathalyzer came back reading over .08. How could that happen?

First, let us clarify that you should not be stopped for DUI unless you gave the officer probable cause to stop you. Did you run a stop sign or were you weaving? After the officer approaches you, he or she should not ask you to perform field sobriety tests unless the officer has a reasonable belief that you are intoxicated. If you do not perform well, the officer can ask you to take the portable breathalyzer. Bear in mind that you have the right to refuse all tests.

The result from the portable breathalyzer cannot be used as evidence in court, but it can give the officer the probable cause necessary to arrest you and take you to the police station for the official breathalyzer. Again, you have the right to refuse.

But if you take the breathalyzer, can you get an exaggerated reading even though you drank very little? The answer is yes. Since the breathalyzer is measuring molecules of alcohol in your breath, even a little contamination can affect the result.
A variety of factors can cause a falsely high reading.

Did you rinse with alcohol or mouth wash? The alcohol remaining in your mouth can show up on the test. Did you regurgitate? Did you cut your mouth recently or do you suffer from mouth sores? A cut or sore can leak blood into your mouth. Since your stomach’s contents or your blood is denser than your breath, these substances in your mouth can increase the concentration of alcohol in your breath and throw off the reading. Are you diabetic or dieting? The resulting acetone can register falsely as alcohol. Do you work around solvents? Some of these chemicals can work their way into your blood stream and come out in your breath.

If any of the above factors apply, you may be able to challenge your DUI. An experienced DUI attorney can evaluate these and other defenses to your breathalyzer reading.

If you have questions about your DUI or other criminal or traffic matters, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com

(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)

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I HAVE A TRAFFIC TICKET: DO I NEED TO COME TO COURT?

Posted on December 20, 2011 by mdkeenan

You were driving home from work when you got nailed for speeding. Or maybe you simply blew a stop sign or failed to signal. You wish to contest the ticket, but the court date is set for a time when you will be out of state. Do you have to come to court?

In certain circumstances, the answer is no. While for nearly all criminal offenses, your appearance in court is mandatory, traffic tickets are a slightly different animal. However, it may still depend on the level of your offense.

For most moving violations such as following too closely or speeding less than 31 miles over the limit, you may not need to appear as long as you retain an attorney and give the attorney written authorization to proceed in your absence. An attorney will likely have to make a plea agreement on your behalf, but on occasion, I have gotten tickets dismissed for clients in their absence.

If one of your tickets is for not having proof of insurance, and you had insurance or got late compliance insurance, you can provide the proof to your attorney along with the authorization, and an attorney can act on your behalf.

While you may be tempted to simply pay your ticket by mail and avoid the hassle of going to court, this is not a good idea. A ticket resolved by mail is often reported as a “conditional discharge” or conviction, which can increase your car insurance premiums. (This does not apply to red light camera tickets, which are issued against the car and not the driver.)

For speeding 30 or more miles over the limit, you must still appear yourself in Court and you are best advised to bring an attorney. In 2011, the State of Illinois got tough on speeders. If you were going between 31 and 39 miles over the limit, you can be charged with a Class B Misdemeanor, punishable by up to 6 months in jail and a $1,500 fine. Driving 40 miles or more over the limit is now a Class A Misdemeanor, punishable by up to 1 year in jail and a $2,500 fine. An attorney may be able to contest your case or at least help you obtain a more favorable plea bargain than you might do on your own.

If you have questions about this or another related criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com

(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)

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