Charges

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 […]

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 […]

Penalties for a first DUI in Illinois in 2012

by Lewis Gainor on January 16, 2012

Illinois DUI Laws 2012

We return in 2012 for an update on the law against driving under the influence in the state of Illinois. While crimes such as domestic battery, theft, and murder have not changed in decades, the laws on DUI are changing every year. The statute that prohibits driving under the influence of alcohol or drugs remains […]

Why DUI arrests in Illinois have decreased

by Lewis Gainor on December 20, 2011

Illinois DUI Statistics

The Chicago Tribune ran a story on drunk driving arrests on December 19, 2011. The article discusses how the numbers of arrests for driving under the influence statewide have decreased over several years. A few points from the article should be examined. First, the Illinois Department of Transportation (IDOT) reports that from 2007 through 2010, […]

Reckless Driving | 11-501 DUI

A preferred outcome in many driving under the influence cases is reckless driving. The reason is reckless driving does not impact a person’s driving privileges in the same way as a DUI. The Secretary of State is mandated by law to revoke the driver’s license of any person who is convicted of DUI. The statute […]