blood draw

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 […]

DUI Changes 2012

Few changes to Illinois DUI laws in the year 2012

by Lewis Gainor on March 16, 2012

The Illinois Secretary of State recently published its annual DUI Fact Book. The DUI Fact Book for 2012 is available for download here. Most of the information provided by the Secretary of State remains unchanged. The reason is rather few laws were passed during the last legislative session that will go into effect in the […]

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 […]

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 […]