probable cause

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, […]

Penalties for first DUI offense in Illinois

by Lewis Gainor on February 4, 2013

DUI Laws and Penalties for 2013

In the year 2014, driving under the influence remains one of the most highly politicized offenses in Illinois courts. There is no offense that will get a prosecutor fired quicker for giving a good deal than DUI. In these cases, Assistant State’s Attorneys are always wary of how it will look after they give the […]

New DUI Funding Law

Governor Pat Quinn was in Tinley Park on August 22, 2012 for a bill-signing ceremony hosted by the Illinois Association of Chiefs of Police (ILACP). He signed legislation from the General Assembly that directs funds received from DUI convictions to local law enforcement agencies for alcohol-related crime prevention and enforcement. The bill Gov. Quinn signed […]

Ticket for improper lane usage used as basis for DUI stop

by Lewis Gainor on February 8, 2011

Traffic Stop | Swerving in Lane | Police Arrest Driver for DUI | Cook County | Improper Lane Usage | ILU 11-709

Every person who was arrested for driving under the influence in Illinois should look back at the traffic stop. The question that must be answered is, why was the defendant pulled over in the first place? A traffic stop is legally a seizure that falls under the 4th Amendment to the United States Constitution. The […]

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 […]

Illinois law on the admissibility of the PBT

by Lewis Gainor on October 9, 2010

Portable Breath Test Device | PBT | Admissibility Under Illinois Law

During a traffic stop, a police officer is trained to use procedures for detecting intoxicated motorists. The officer will follow a routine involving questions about the consumption of alcohol, and a series of sobriety tests. The sobriety tests are conducted on the side of the road, usually in front of the squad vehicle. Police officers, […]