by Lewis Gainor on April 24, 2013
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 [...]
by Lewis Gainor on May 24, 2011
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 [...]
by Lewis Gainor on April 28, 2011
The Illinois legislature is debating a bill that would legalize cannabis in medicinal use. House of Representatives is considering HB 30 in the present legislative session. The bill is sponsored by Lou Lang, a Democrat from Skokie. The bill would establish the Compassionate Use of Medical Cannabis Pilot Program. Any person with a debilitating medical [...]
by Lewis Gainor on November 15, 2010
In Illinois, the offense of driving under the influence can be based on alcohol, drugs, or even prescribed medication. Some refer to this as drugged driving, as opposed to drunk driving. This offense of DUI is prosecuted under the same statute as a DUI offense where the driver was intoxicated on alcohol, 625 ILCS 5/11-501. [...]
by Lewis Gainor on October 9, 2010
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 on September 1, 2010
The legal limit for alcohol while operating a motor vehicle in Illinois is 0.08 percent. Many people are mistaken that a person is guilty of driving under the influence only if his alcohol level is over 0.08. This is not the case. The legal limit is anything greater than 0.079. An alcohol concentration in a [...]