11-501(a)(1)

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 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 […]

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 […]

625 ILCS 5/11-501(a)(2) DUI | Penalties | Illinois Law

Examine the numbers of arrests for driving under the influence in Illinois, and you can see that on average, the driver takes a breathalyzer test. When the driver takes a breathalyzer test, and fails, he is charged with violating 625 ILCS 5/11-501(a)(1) for having an alcohol concentration is breath of 0.08 or higher. Despite the […]

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 […]

How prosecutors prove DUI in Illinois courts

by Lewis Gainor on November 21, 2010

Proof of Intoxication | Breathalyzer Machine | Illinois DUI Trial

Driving under the influence is a criminal offense in Illinois. It is subject to the same rules of criminal procedure and evidence as any other charge, including first degree murder. The defendant is protected by the United States Constitution, which provides the right to a jury of 12 people and the right to confront one’s […]

Horizontal Gaze Nystagmus HGN | OLS One Legged Stand | Walk and Turn WAT | Field Sobriety Testing Manual

Field sobriety testing is the term describing a series of tests the police give a motorist whom they suspect to be impaired by alcohol or drugs. The tests were developed after study by the U.S. Department of Transportation (DOT), National Highway Traffic and Safety Administration (NHTSA). Three tests were approved for standardization and use by […]

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 […]

Definition of Under the Influence | Illinois DUI Laws

Driving under the influence can be charged in numerous ways under Illinois law. It can be based on impairment by illegal drugs, prescription medication, and the combined influence of alcohol and drugs. But the most prevalent charge of DUI is based on intoxication by alcohol. If a person is accused of driving under the influence […]