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 [...]
An arrest for driving under the influence is typically a misdemeanor. However, there are some circumstances under which even a first offense can be a felony. For review, a misdemeanor is different from a felony in that the maximum sentence for a misdemeanor is less than one year in jail. A felony charge, however, has [...]
In the year 2013, 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 [...]
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. [...]
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 [...]
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 [...]
Governor Pat Quinn was in Tinley Park on August 22, 2012 for a bill-signing ceremony hosted by the Illinois Association of Chiefs of Police (ILACP). He signed legislation from the General Assembly that directs funds received from DUI convictions to local law enforcement agencies for alcohol-related crime prevention and enforcement. The bill Gov. Quinn signed [...]
The Illinois State Police and local police departments across the state begin a statewide crackdown on drunk driving on the July 4th holiday. The crackdown takes place every year under the Drive Sober or Get Pulled Over and Click It or Ticket programs. The mechanism for increased DUI enforcement is the roadblock. Police officers may [...]
The Alliance Against Intoxicated Motorists (AAIM) has released the results of its 2011 survey of police departments across the state concerning DUI. The non-profit advocacy group takes a survey each year of all police departments and uses the information to compile statistics about arrests by each department, county, etc. The police departments’ participation in the [...]
The Illinois Secretary of State releases a publication every year that provides statistics about arrests for driving under the influence. The annual DUI Fact Book says that the number of arrests for drunk driving each year in our state is just under 50,000. To be clear, this is the number of arrests, and so it [...]
- by Lewis Gainor, DUI Lawyer
