The nation’s highest court gave police broad powers to stop vehicles based on anonymous tips in a recent opinion. In the Navarette v. California case, the United States Supreme Court ruled that the police can pull over a vehicle based on an anonymous tip that the driver is intoxicated without observing any traffic violations themselves, […]

Drive too fast and you might go to jail. No, seriously. And if you have been pulled over for speeding by a State Trooper, you may have been told the same thing. Under a new law in Illinois, speeding 35 MPH over the posted limit is a Class A misdemeanor. Prior to 2014, a motorist […]

Article 36 Forfeiture Illinois

For years, DUI offenders have had to worry about their driver’s licenses and the possibility of incarceration. But recently, prosecutors have given defendants another cause for concern. The government can seize a DUI offender’s vehicle, and after a process called civil forfeiture, sell the vehicle at auction and keep the proceeds. The process takes place […]

Illinois DUI Statistics

Statistics from the Federal Bureau of Investigation have alarmed anti-drunk driving advocates: more women are getting arrested for DUI than ever before. In 2011, the most recent year nationwide statistics are available from the FBI, women accounted for 25 percent of all DUI arrests. Many are concerned because the percentage of arrests was as low […]

Blood Test Without Warrant

An important decision was just handed down by the United States Supreme Court concerning driving under the influence. In Missouri v. McNeely, the court was asked to decide whether it was unconstitutional to take blood by force without a search warrant. The court held that when a DUI suspect refuses a blood test, the police […]

Illinois Felony DUI

All DUIs are charged under the same statute, 625 ILCS 5/11-501. Regardless of whether it is a misdemeanor or felony, a person’s guilt or innocence is determined by the same sections 11-501(a)(1)-(6). For instance, a person is guilty of driving under the influence if he operate a motor vehicle with an alcohol concentration of 0.08 […]

Penalties for first DUI offense in Illinois

by Lewis Gainor on February 4, 2013

DUI Laws and Penalties for 2013

In the year 2014, driving under the influence remains one of the most highly politicized offenses in Illinois courts. There is no offense that will get a prosecutor fired quicker for giving a good deal than DUI. In these cases, Assistant State’s Attorneys are always wary of how it will look after they give the […]

Article 36 Seizure

State lawmakers in Springfield made a significant change to the Illinois Vehicle Code in 2013. The change is important because it could impact a person who was charged with driving under the influence. The law in our state allows law enforcement officers to seize property that was used in the commission of a criminal offense. […]

Drowsy driving laws: the next chapter in DUI prosecution

by Lewis Gainor on December 1, 2012

Illinois Drowsy Driving | Sleepy Driver Laws

Driving under the influence is a crime that has generally remained the same over the years. The elements are basically that the defendant was: 1) driving and 2) under the influence. While the elements of the offense remain unchanged, the penalties for DUI change every year. And they change in only one direction, they are […]

DUI Arrests August-September 2012

State and local law enforcement agencies are increasing the number of DUI checkpoints Labor Day weekend. The Illinois Department of Transportation (IDOT), the Illinois State Police and nearly 350 local law enforcement agencies today are gearing up to increase patrol activities for Labor Day weekend in order to make Illinois roadways safer for the heavily […]