Blood Tests

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 […]

Legal Limit | Illinois DUI Ticket 11-501(a)(1) | Per Se

A charge of driving under the influence of alcohol in Illinois generally takes two forms. One, the driver is charged with violating section 625 ILCS 5/11-501(a)(1). Two, the driver is accused of violating section 11-501(a)(2). Each charge has its own implications. In this article, we are going to look at charge of 11-501(a)(1). This type […]

Post image for New medicinal marijuana bill in Illinois would change DUI laws

The Illinois legislature is debating a bill that would legalize cannabis in medicinal use. House of Representatives is considering HB 30 in the present legislative session. The bill is sponsored by Lou Lang, a Democrat from Skokie. The bill would establish the Compassionate Use of Medical Cannabis Pilot Program. Any person with a debilitating medical […]

DUI Injury Accident | Motor Vehicle Accident | Driver Arrested for DUI | Police Blood Draw

The state legislature has amended the DUI statutes in 2011 and established additional civil penalties for people accused of driving under the influence. The law in Illinois up to 2010 provided that if a person was involved in a motor vehicle accident that resulted in personal injury or death, the police were allowed to draw […]

Statutory summary suspension for DUI based on drugs

by Lewis Gainor on November 19, 2010

Summary Suspension | Positive Test for Drugs | Urine Test | Cocaine

When a person is arrested for driving under the influence in Illinois, the arresting officer will ask him to submit to a chemical test. The most common form of test is a breathalyzer at the police station. If the machine shows a breath alcohol concentration of 0.08 or more, then that person is over the […]

Breath Alcohol Concentration 0.16 | Enhanced Penalties for Illinois DUI

Penalties for Illinois DUI with BAC of 0.16 or more

by Lewis Gainor on October 21, 2010

The breathalyzer test that is part of nearly all driving under the influence arrests serves as the State’s best evidence that the driver is guilty. A result of 0.08 or more is per se a violation of 625 ILCS 5/11-501. But the breath test does more. A high breath alcohol concentration can subject the defendant […]

Often during an arrest the police will transport the suspect to a medical facility for treatment. These situations occur because of injury and intoxication. The police officer has a legal duty to protect any person in custody. The police department does not want to be sued, so if there is any reason to believe the […]

Blood Test | Draw Sample by Force | Involuntary

A forcible blood draw is a rare occurrence in driving under the influence cases in the state of Illinois. It may happen in only one percent of all arrests. In all other cases, police officers follow the procedures for voluntary chemical testing such as administering a breathalyzer. During a forcible blood draw, the police are […]

Every arrest for driving under the influence has two consequences: first, the suspension of driving privileges, and second, the criminal offense of DUI. The driver’s license suspension operates on a time table, whereas the criminal offense does not. A person who is arrested for DUI will have his driving privileges suspended pursuant to a statutory […]

Illinois Blood Alcohol Limit 0.08

Definition of Illinois legal limit of 0.08

by Lewis Gainor on September 1, 2010

The legal limit for alcohol while operating a motor vehicle in Illinois is 0.08 percent. Many people are mistaken that a person is guilty of driving under the influence only if his alcohol level is over 0.08. This is not the case. The legal limit is anything greater than 0.079. An alcohol concentration in a […]