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Under limited circumstances, the answer is yes.

Breathalyzer results on a properly certified machine are nearly always admissible at trial.  However, results from a portable breathalyzer are not considered reliable and are generally not permitted. The breathalyzer taken on the street when you were arrested is almost never admitted as evidence.

But there is one exception. The state has a new weapon that they can use in certain circumstances. The trial judge may allow the state to use the results of a portable breathalyzer that has an attached printer.  Bear in mind that portable breathalyzers still come with a wide range of problems that simply adding a printer will not solve.

If the state does try to use a portable breathalyzer against you, you may be able to hire an expert witness to shed doubt on the reliability of that evidence.  Portable breathalyzers can notoriously pick up mouth alcohol (such as a liquor that might stick to your teeth), and they also can be radically thrown off if you blow too hard into them.

While an expert is expensive, the potential personal and professional perils of picking up a DUI conviction may well outweigh the cost.  An expert does not automatically mean that a judge or jury will disregard a portable breathalyzer, but an expert may still make a dramatic difference in the outcome of your trial.

If you have been charged with a DUI or similar offense, contact an experienced attorney immediately.  An attorney can review your case for its best possible defense.  As with most crimes, the state must prove all the elements beyond a reasonable doubt.  An experienced DUI attorney may be able to show that the state’s evidence is shakier than they would like a judge or jury to believe.

If you have questions about this or another related Illinois 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.)

You were stopped for speeding after leaving a wedding early in the morning.  You had already had a very long day, and you did have a few drinks at the wedding.  Because of your red eyes and odor of alcohol, the officer arrested you for DUI.

Are you more likely to be found guilty because of bloodshot eyes?

While police officers typically take note of glassy, bloodshot eyes, the impact of such evidence is often limited. Bloodshot eyes may help persuade a judge that you had too much to drink, but they are only a small part of the picture.

There are a variety of reasons other than alcohol that could result in bloodshot eyes:  Do you smoke cigarettes?  Did you recently spend time with friends who did?  Are you on medication? Do you habitually work around chemicals?  Do your eyes tend to redness over the course of the day? Remember, in order to convict you, the state must prove all the elements of DUI beyond a reasonable doubt. If the answer to any of the above questions is yes, an experienced attorney may be able to shed doubt on the state’s case.

If you have questions about this or another related Illinois 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.)

If you are arrested for DUI, the sooner you contact an attorney, the better the chances of keeping your driver’s license.  A recent Illinois case underscores why it is important to act quickly.

When you are arrested for DUI, the Illinois Secretary of State will automatically suspend your driver’s license on the 46^th day after your arrest.  You may file a petition to overturn or rescind the suspension.  Your best bet for winning your petition is to file it as soon as possible after your arrest.

Illinois law provides that you must be given a hearing within 30 days of when the court received your petition to rescind or on the first appearance date.  If you file quickly, your chances that the state will not be ready within that deadline are greater, in which case the petition should be granted.

Once filed, it is important to stick with that timetable.  You are not entitled to the benefit of the deadline if you cause the hearing to be delayed.  For example, in People v. Boyd, the trial court granted the defendant’s petition.  However, the appellate court overturned that decision because the defendant’s attorney had agreed to a seven-day extension that he mistakenly thought was within the 30-day deadline. Thus, the appellate court counted the delay against the defendant.

Note that even if you are successful on your petition, your DUI case does not go away.   The suspension and the DUI are on two separate tracks.  Likewise, if you lose the petition but win your DUI, your license can still be suspended.

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

See 625 ilcs 5/2-118.1.

(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.)

You ingested some cannabis gummies after a stressful workday. Later that evening, you were pulled over for a faulty taillight.  You felt you were driving safely, but you admitted to the officer that you had eaten the gummies and now you are under arrest.

Can you really be arrested for DUI when the sale and use of cannabis are now legal in Illinois?

The answer is yes.  Just as the ready availability and sale of vodka does not mean you can drink a bottle before driving, the fact that marijuana use is now permitted does not mean you get a pass.  As a matter of fact, the penalties for a cannabis vs. an alcohol DUI are essentially the same.

That said, you may still have a defense.  Did the officer have a legal reason to stop your car?  Was the officer trained in detecting drug use?  Is there blood evidence to show that you were above the limit? Can the state prove you were driving?  Perhaps it’s not clear you were behind the wheel of the car.  Even if police acted lawfully and the evidence against you is overwhelming, an attorney who is respected in the courthouse may be able to negotiate a more favorable plea agreement than you could on your own.

If you have questions about this or another related Illinois 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.)

You were singing along with the radio while driving down a rather busy road when a car pulled into the road several yards ahead of you causing you to crash. Although the accident wasn’t your fault, you were still given a ticket for failure to reduce speed to avoid an accident. (See 625 ILCS 5/11-601(a).)

What does that mean?  What can you do?

Under Illinois law, you must slow down as necessary to avoid colliding with any person or vehicle when on or entering a road in compliance with the law and the duty to use due care. To convict you, the State must prove beyond a reasonable doubt that you drove carelessly and failed to reduce your speed.  The state need not prove that you exceeded the speed limit because the offense does not require speeding. Instead, the State must show that you failed to slow down as necessary to avoid the collision. Proof can include the presence or lack of skid marks, whether the airbag deployed and the extent of damage to your car’s front end.

For example in People v. Galarza, the defendant crashed into a tree and was charged with failure to reduce speed to avoid an accident as well as DUI. Defendant argued that his conviction could not rely solely on the fact there had been an accident.  While generally true, the court found other sufficient evidence to convict him:  Defendant was intoxicated and had jerked the steering wheel.  The car had substantial front-end damage, and the airbag had been deployed.  Further, defendant had injured his knee.

If you are charged with a DUI or traffic offense, contact an experienced attorney immediately.  An attorney can review your case for its best possible defense.  A verdict can depend on the particular facts of your case.  Different judges may view these facts very differently.  Therefore, it is important to hire an attorney who is familiar with your courthouse and can present your facts in their most favorable light.

If you have questions about this or another related Illinois 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.)