How to Admit or Exclude PBT ResultsBy Eric R. WaltmireFebruary 2008Article, Page 92Police 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 testBy Helen W. GunnarssonNovember 2007Lawpulse, Page 570The Illinois Supreme Court rules that a Frye hearing must be held to decide whether the horizontal gaze nystagmus test reliably indicates alcohol impairment.
New DUI bill replaces JDPs with "monitoring device driving permits"By Helen W. GunnarssonAugust 2007Lawpulse, Page 398A 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.
Hearing to rescind a suspended driver's license must occur within 30 days of filingMarch 2007Illinois Law Update, Page 124On 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.
No statutory right to refuse chemical testing for DUIMay 2005Illinois Law Update, Page 232On 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 defenseBy Helen W. GunnarssonNovember 2004Lawpulse, Page 562The 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 testsBy Helen W. GunnarssonApril 2004Lawpulse, Page 170A second district case holds that nonconsensual, non-treatment-related blood and urine tests are inadmissible in DUI trials.