blood draw

NOTE: This page includes new and updated material to cover Illinois legal changes after Public Acts 100-513 and 101-27 became state law in 2018 and 2019, respectively. Since that time, Illinois law includes new standards for DUI testing of breath or blood for the presence of alcohol or marijuana. DUI Blood & Urine Test Regulations […]

Medical marijuana and Illinois DUI: how the laws interact

Medical Marijuana

by Sami Azhari on November 23, 2014

It has long been Illinois policy that any amount of cannabis in the blood or urine of a driver can be the basis for a DUI charge. As of January 2014, Illinois updated the DUI laws in response to its new medical marijuana law. Under the new law, a qualifying patient under the Medical Cannabis Pilot […]

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 Sami Azhari 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 Sami Azhari 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 […]

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 […]