Publications

Illinois Bar Journal
Articles on Driving Under the Influence

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.
Plaintiff’s driving privileges reinstated after demonstrating that he was no longer an alcohol abuser and would be a “safe and responsible driver” November 2001 Illinois Law Update, Page 568 The office of defendant Jesse White, secretary of state, revoked plaintiff Ronald Mohr's driving privileges for each of two driving under the influence convictions in 1982 and 1989.
Challenging Blood Tests in DUI Prosecutions By Hon. Sheldon A. Harris August 2001 Article, Page 425 A step-by-step guide for the defense.
Increased penalties for driving on a revoked or suspended license; H.B. 2266 August 2001 Illinois Law Update, Page 398 The General Assembly has also approved a measure that would increase penalties for persons convicted of driving with a suspended or revoked driver's license.
Required ignition interlock devices for repeat DUI offenders; S.B. 823 August 2001 Illinois Law Update, Page 398 Senate Bill 823 would increase penalties for repeat drunk driving offenders, including mandating the use of ignition interlock devices on vehicles owned by individuals convicted of a second or subsequent DUI violation.
Aggravated DUI may be expanded; S.B. 0020 March 2001 Illinois Law Update, Page 116 Under Senate Bill 20, persons driving under the influence in school speed zones would be guilty of aggravated DUI.
Legislature mandates pilot of new DUI technology; P.A. 91-881 November 2000 Illinois Law Update, Page 624 As a result of a new Illinois law, the Illinois State Police established a pilot program aimed at testing technology designed to measure driver impairment caused by alcohol or other drug use.
DUI fine increase to raise revenue for police equipment ; P.A. 91-822 August 2000 Illinois Law Update, Page 438 Illinois law enforcement officials may soon get new equipment to aid in making the state's highways safer.
Neighborhood Services Act compromise finally reached June 2000 Illinois Law Update, Page 310 During one of the briefest legislative sessions in recent memory, the General Assembly ended a four-month controversy over whether illegally transporting firearms should be considered a felony or misdemeanor in Illinois.
Effective Closing Arguments in DUI Jury Cases By Donald J. Ramsell May 2000 Article, Page 285 Tried-and-true techniques for DUI "breath" and "refusal" trials.
Summary Suspension Hearings: Shifting the Burden of Proof to the State By J. Brick Van Der Snick March 2000 Article, Page 156 How to establish a prima facie case in a DUI rescission hearing and thus oblige the state to justify the suspension.
Police questioning of a suspect leading to a subsequent arrest for DUI falls within the scope of the police community caretaking functions November 1999 Illinois Law Update, Page 575 On September 1, 1999, the third district of the Illinois Appellate Court reversed the trial court's decision to rescind the statutory summary suspension of the defendant's driver's license after the defendant was arrested for DUI.
A Hospital “Shall” Disclose Blood Alcohol Concentration Test Results to Police; PA 91-125 September 1999 Illinois Law Update, Page 460 If blood or urine tests to determine the presence of alcohol or drugs are ``conducted upon persons receiving medical treatment in a hospital emergency room for injuries resulting from a motor vehicle accident,'' PA 91-125 mandates disclosure of the results to police upon request.
Ignition Interlock Device Laws Expanded; PA 91-127 September 1999 Illinois Law Update, Page 460 First-time DUI offenders "may petition the circuit court of venue for a Judicial Driving Permit (JUP)...to relieve undue hardship.''
Illinois Continues to Augment DUI Laws September 1999 Illinois Law Update, Page 460 Four pieces of legislation signed in mid-July by Governor George Ryan are the latest in a series of enactments augmenting the Illinois DUI law, 625 ILCS 5/11-501, and other DUI-related provisions.
Reckless Homicide Sentencing Modified in Cases Involving Multiple Deaths and Alcohol or Drugs; PA 91-122 September 1999 Illinois Law Update, Page 460 Public Act 90-122 mandates a six- to 28-year prison term for a defendant found guilty of reckless homicide involving two or more deaths in a single course of conduct when the defendant is under the influence of alcohol or drugs.
The Lawyer’s Journal By Bonnie McGrath May 1999 Column, Page 238 The high court revisits the single-subject rule.
Illinois law enforcement officers may obtain a blood sample from a driver who is in an adjoining state for medical care under a presumption that the driver was driving while intoxicated. February 1999 Illinois Law Update, Page 73 On November 19, 1998, the Illinois Supreme Court reversed the trial court's holding that section 11-501.1(a) of the Illinois Vehicle Code (625 ILCS 5/11-501.1(a) (West 1996)) .
Illinois Strengthens DUI Provisions Ignition Interlock Devices Authorized; PA 90-611 (Approved 7-1-98, effective 7-1-98) November 1998 Illinois Law Update, Page 596 Two recent acts stiffen repeat DUI penalties and expand the scope of DUI provisions.