Lewis Gainor, Attorney at Law
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
- by Lewis Gainor, DUI Lawyer
