Publications

Illinois Bar Journal
Articles on Driving Under the Influence

DUI changes effective June 1 By Helen W. Gunnarsson June 2008 Lawpulse, Page 278 Thanks to a law signed last year, a crazy quilt of DUI laws taking effect June 1 isn't so crazy. But ambiguities remain.
Verbal refusal does not control where defendant physically complies with chemical test May 2008 Illinois Law Update, Page 236 On March 7, 2008, the Illinois Appellate Court, Second District, affirmed the judgment of the Circuit Court of De Kalb County finding that the defendant had not refused to submit to testing to determine the content of alcohol or other drugs in his blood.
Adult DUI offenders who transport minors - what is the law? By Helen W. Gunnarsson February 2008 Lawpulse, Page 66 A recent Journal article inspires a debate about whether the statute it discussed is still in effect and a call for the legislature to clear up the confusion.
How to Admit or Exclude PBT Results By Eric R. Waltmire February 2008 Article, Page 92 Police sometimes administer preliminary breath tests to drivers stopped on suspicion of DUI. When and how are the results admissible in a hearing? Here's a look at the cases.
Frye-ing the HGN test By Helen W. Gunnarsson November 2007 Lawpulse, Page 570 The Illinois Supreme Court rules that a Frye hearing must be held to decide whether the horizontal gaze nystagmus test reliably indicates alcohol impairment.
No Supervision for Adult DUI Offenders Who Transport Minors? By Ralph Strathmann November 2007 Article, Page 596 A statute requiring prison time instead of court supervision for adult first-time DUI offenders who were transporting minors conflicts with existing law, this author argues.
New DUI bill replaces JDPs with "monitoring device driving permits" By Helen W. Gunnarsson August 2007 Lawpulse, Page 398 A major overhaul of DUI law doubles the summary-suspension period and requires offenders to submit to alcohol monitoring devices in return for driving permits. Critics charge that it will produce unintended consequences, including fewer guilty pleas.
Challenging Summary Suspension When A Defendant's License is Suspended, Revoked, or Expired By Charles P. Burns and Jeff Chan May 2007 Article, Page 262 Do these defendants have standing to challenge a summary suspension?
Hearing to rescind a suspended driver's license must occur within 30 days of filing March 2007 Illinois Law Update, Page 124 On December 21, 2006, the Illinois Supreme Court reversed the decisions of the Illinois Appellate Court, Second District, and the Circuit Court of Kane County, and held the 30-day time limit within which a circuit court must hold a hearing on a petition to rescind the statutory suspension of a driver's license begins when the petition is filed with the circuit court, not when the state is served with the petition.
Cross-examination and impeachment techniques for DUI defense attorneys By Helen W. Gunnarsson December 2006 Lawpulse, Page 642 You can gather plenty of evidence even without the benefit of discovery, a pair of leading DUI defense attorneys say.
Correspondence from Our Readers November 2006 Column, Page 574 Beyond "deed and green";CDL/DUI update.
Bohner redux: insured properly denied coverage for "illegal" act, 7CA rules By Helen W. Gunnarsson April 2006 Lawpulse, Page 166 Like the Illinois Appellate Court, the federal seventh circuit ruled recently that an insurance company properly denied coverage to an under-the-influence driver based on the policy's exclusion for "illegal" acts.
Court Supervision in Traffic Cases: New Strategies for Amended Laws By Theodore J. Harvatin April 2006 Article, Page 192 What impact does supervision really have on your clients, especially commercial drivers? Make sure you're up to date.
Criminal-acts exclusion bars insurance recovery to DUI driver By Helen W. Gunnarsson March 2006 Lawpulse, Page 110 The court said a lesser traffic offense wouldn't trigger the auto-gap-policy exclusion. But will the ruling's logic be applied to other insurance policies with similar language? 
Tough New Dui Laws Take Effect in '06 By George A.M. Heroux December 2005 Article, Page 636 These new laws, effective January 1, take special aim at drivers responsible for fatalities.
Crawford v Washington and the Limits on Admitting Hearsay in Criminal Trials By John H. Gleason August 2005 Article, Page 408 Crawford limits a judge's discretion to admit hearsay against criminal defendants. Here's a discussion of the case's impact and  unanswered questions.
Crawford, Breathalyzer Tests, and the Public-Records Hearsay Exception By Hon. William J. Haddad August 2005 Article, Page 412 May breathalyzer logbook entries still be introduced in Illinois under the public-records exception?
No statutory right to refuse chemical testing for DUI May 2005 Illinois Law Update, Page 232 On February 3, 2005, the Illinois Supreme Court reversed the decisions of both the appellate and circuit courts, which granted the defendant's motion to suppress the results of his blood and urine tests. 
DUI: the acid-reflux defense By Helen W. Gunnarsson November 2004 Lawpulse, Page 562 The high court holds that defendants with acid-reflux disease can raise it as a defense if it causes them to regurgitate during breath-alcohol testing.
"No" to compulsory DUI blood tests By Helen W. Gunnarsson April 2004 Lawpulse, Page 170 A second district case holds that nonconsensual, non-treatment-related blood and urine tests are inadmissible in DUI trials.
Secretary of state tightens vehicle interlock regulations June 2003 Illinois Law Update, Page 280 The Illinois Secretary of State's Office recently adopted amendments to 92 Ill Adm Code 1001.
Miranda, Fifth Amendment don't apply in summary-suspension hearings By Helen W. Gunnarsson February 2003 Lawpulse, Page 58 Three Illinois Appellate Court districts have ruled that summary-suspension hearings are civil proceedings to which Miranda and the privilege against self-incrimination do not apply.
Conviction of defendant for DUI after stop at roadblock set up to gather information about hit and run accident reversed because police did not have individualized suspicion to stop defendant January 2003 Illinois Law Update, Page 14 On October 18, 2002, the Illinois Supreme Court held that the defendant's Fourth Amendment rights were violated when the police stopped him at a roadblock created to gather information about a hit and run accident .
Eligibility for restricted driving permits and minimum sentence requirements for DUI convictions P.A. 92-0418 June 2002 Illinois Law Update, Page 288 On August 17, 2001, Gov. Ryan signed House Bill 2265, which amended the Illinois Vehicle Code and the Unified Code of Corrections concerning the eligibility for restricted driving permits and minimum sentence requirements for drivers convicted of DUI offenses.
Every Lawyer's Guide to DUI By Donald J. Ramsell June 2002 Article, Page 311 An overview for lawyers who don't practice DUI law.
Legislation increases the penalty for operating and maintaining an aircraft while under the influence of alcohol, drugs, or other controlled substances P.A. 92-0517 June 2002 Illinois Law Update, Page 288 On January 1, 2002, Gov. George H. Ryan signed into law Senate Bill 0647 to amend the Illinois Aeronautics Act, which increased the penalties for certain acts related to the operation and maintenance of an aircraft while under the influence of intoxicating liquor, a narcotic drug, or other controlled substances.
Representing DUI Revoked or Suspended Drivers Before the Secretary of State By Larry A. Davis June 2002 Article, Page 292 A step-by-step guide to helping clients seek restoration of their driving privileges.
Legislation eliminates sentencing limit for first-time DUI offenses and increases possible sentence for DUI convictions involving bodily harm P.A. 92-420 February 2002 Illinois Law Update, Page 66 In August, legislation amended the Illinois Vehicle Code by eliminating the three-year limit on a prison sentence for a first-time DUI offense.
Legislation makes people with four or more DUI convictions ineligible for probation P.A. 92-183 February 2002 Illinois Law Update, Page 66 In July, new legislation amended the Unified Code of Corrections making drivers who are convicted of a fourth or subsequent DUI offense ineligible for probation.
New DUI, Traffic Laws Stiffen Penalties By Larry A. Davis December 2001 Article, Page 651 Three new acts increase the penalty for driving while revoked and DUI offenses.
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