Definitions

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, […]

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 […]

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 […]

Article 36 Seizure

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. […]

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 […]

A guide to Illinois DUI arrest records

by Lewis Gainor on March 3, 2012

Illinois State Police Criminal History DUI

An arrest for driving under the influence in Illinois is recorded, in most respects, for all time. This is a distressing fact for someone who has never been arrested before. One bad decision can make for a lifetime of regret. But it does not have to be that way. The record of a DUI arrest […]

Explaining the Illinois DUI evaluation process

by Lewis Gainor on January 22, 2012

DUI Evaluation

Driving under the influence is the only offense in Illinois that requires the offender to undergo an evaluation before sentencing. The evaluation is mandated by statute. There is one exception to this rule, and it shows how seriously the law treats a DUI. The only other case in which the defendant is required to have […]

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 […]

Driver’s license suspension and DUI: not related

by Lewis Gainor on November 8, 2011

Summary Suspension | Not Guilty of DUI

One issue from an arrest for driving under the influence that is confusing is the difference between the summary suspension and the criminal offense of DUI. Many people believe that if you are found not guilty of DUI, then your driver’s license will not be suspended.  This is not true. Unfortunately, the law on DUI […]