Publications

Articles on Driving Under the Influence

Defendant must have choice to take or refuse breathalyzer

October
2016
Illinois Law Update
Page 18
The Second District Appellate Court suppressed defendant's Portable Breath Test ("PBT") results because the officer did not present the defendant with a choice to take or refuse the PBT.

DUI and Blood Alcohol Tests after Birchfield v. North Dakota

By David J. Robinson and Tess Schwartz
October
2016
Article
Page 28
Though Birchfield will have little impact on most DUI cases in Illinois, its real importance for defense lawyers is that it requires both warrantless BAC breath tests and blood-draws to be performed incident to arrest.

From the Newsletters - Yes, you can blow less than .08 and be convicted of DUI

June
2016
Article
Page 46
Credible police testimony that you were impaired can make the case against you.

Keeping the Road Safe and the Law Sane

By Ed Finkel
October
2015
Article
Page 24
The ISBA Traffic Law Section had one of its best years ever this legislative session, helping advance laws that remove harsh and counterproductive DUI restrictions while keeping (and sometimes boosting) appropriate punishments.

New blood alcohol testing procedures

October
2015
Illinois Law Update
Page 18
The new rulemaking amends blood alcohol testing procedures and requirements for the Department of State Police. 20 Ill. Adm. Code (eff. July 29, 2015).

Missing Video Evidence in DUI Cases: The Post-Kladis Evolution

By Sean A. Brown
August
2015
Article
Page 28
You file for discovery of the police video of your client's DUI arrest only to find that it was erased after you requested it. Will the court grant your motion to bar testimony about what was on it?

New breath alcohol ignition interlock device requirements for two-time DUI offenders

August
2015
Illinois Law Update
Page 16
On May 26, 2015, a bill amending the Illinois Vehicle Code ("IVC") passed both houses of the Illinois General Assembly. The bill focuses on the Breath Alcohol Ignition Interlock Device ("BAIID") provisions of the IVC.

Police officer’s noncompliance with section 30(c) of the State Police Act does not warrant evidentiary exclusion

August
2015
Illinois Law Update
Page 16
On June 5, 2015, the Second District of the Appellate Court held that a police officer's failure to comply with section 30(c) of the State Police Act does not trigger the evidentiary exclusion of the officer's testimony at trial.

Bill would decriminalize pot possession, tie DUI to impairment

By Matthew Hector
June
2015
LawPulse
Page 10
HB 218 would lower the penalty for possessing small amounts of marijuana to a fine and change DUI law so that drivers could no longer be charged for registering only trace amounts of cannabis.

Correspondence from Our Readers

March
2015
Column
Page 6
The origin of "extraordinary circumstances" in DUI cases.

When DUI Causes Death: What ‘Extraordinary Circumstances’ Justify Probation?

By Anthony W. Vaupel
February
2015
Article
Page 36
Illinois law requires that defendants convicted of aggravated DUI resulting in death be sentenced to prison unless the court finds "extraordinary circumstances." But what does that phrase mean?

What’s New in Traffic Law for 2014

By Larry A. Davis and Thomas C. Speedie
November
2014
Article
Page 532
Are you a lawyer who represents drivers, or maybe one who gets behind the wheel from time to time? Here are nine important traffic law developments.

Bill would allow restricted driving permits after four DUI convictions

By Janan Hanna
March
2014
LawPulse
Page 114
The proposed permit would allow four-time offenders to drive under limited circumstances after their vehicles are equipped with breathalyzer ignition devices.

The last word on People v Elliott is ‘rescind’

By Janan Hanna
March
2014
LawPulse
Page 114
A man's conviction for driving on a suspended license stands even though the underlying suspension is rescinded, the Illinois Supreme Court rules, after thoroughly analyzing the meaning of "rescind."

The Medical Cannabis Act and Illinois DUI Law

By Larry A. Davis
March
2014
Article
Page 128
The Medical Cannabis Act makes important changes to DUI law, some of which are likely to inspire litigation.

Reformers: trace law unfairly punishes drug users who are not DUI

By Janan Hanna
March
2014
LawPulse
Page 114
Proponents are championing legislation to eliminate harsh penalties for drivers who had traces of illegal drugs in their system but were not driving while impaired.

Dramshop: Strict damage caps for the Illinois Insurance Guarantee Fund

By Adam W. Lasker
January
2014
LawPulse
Page 10
Supreme Court resolves a split in appellate decisions to strictly cap the fund's liability, despite a harsh result for the parents in Rogers.

Tighter regulations for boating under the influence

October
2013
Illinois Law Update
Page 504
Any person operating or having physical control of a motorboat in Illinois who has been involved in a personal injury or fatal boating accident shall now be presumed to have consented to a blood, breath, and urine test for the purposes of determining the content of alcohol or other drugs in the person's blood if arrested for a violation of the Boat Registration and Safety Act or similar provisions of local laws. 625 ILCS 45/5-16c new.

Refusal to honor POA for property; six-juror DUI trials.

September
2013
Column
Page 483
What if the bank won't accept your client's valid POA for property? Might six jurors be better than 12 for your DUI trial? Here's what other lawyers think, based on Qs and As gleaned from ISBA discussion groups.

Vehicle seizures expanded to out-of-state drivers. PA 097-0984

July
2013
Illinois Law Update
Page 336
Drivers with out-of-state licenses revoked or suspended for driving while intoxicated, hit and run, reckless homicide, or various other statutory suspensions are now subject to Illinois' provisions for seizure and forfeiture.

Recording police interrogations: bill would expand beyond homicide cases

By Adam W. Lasker
February
2013
LawPulse
Page 66
Illinois was among the first states to require taped interrogations in homicide cases. Now it lags behind as other states pass broader laws. Proposed legislation would put Illinois back in the front ranks, proponents say.

Supreme court: ’reasonable suspicion’ enough for traffic stop

By Adam W. Lasker
October
2012
LawPulse
Page 514
"Reasonable suspicion," not the more exacting "probable cause," is threshold requirement for an investigatory traffic stop, the Illinois Supreme Court held in a recent DUI ruling.

Uncounseled misdemeanor convictions can trigger felony DUI sentences

By Adam W. Lasker
July
2012
LawPulse
Page 346
The Illinois Supreme Court ruled that prior misdemeanor DUI convictions – even if the defendant was unrepresented – can be used to bump a later DUI charge to a felony.

Missing Video Evidence in DUI Cases after People v. Kladis

By Thomas Kantas
May
2012
Article
Page 250
In Kladis, the Illinois Supreme Court ruled that the state commits a discovery violation if it loses or destroy video evidence in a misdemeanor DUI case. Here's a look at this and related cases.

The bloody truth about DUI testing

By Helen W. Gunnarsson
October
2011
LawPulse
Page 490
Just because the state has blood test results to use against your DUI client doesn't mean the case is over, a defense lawyer argues.

The Monitored Device Driving Permit: What Practitioners Need to Know

By Larry A. Davis
October
2011
Article
Page 506
Illinois replaced the judicial driving permit with the monitored device driving permit ("MDDP"), which requires a large number of DUI offenders to use a breath interlock device. This article reviews the law and recent changes.

DUI Will Travel: When Drunk Driving Crosses State Lines

By Theodore J. Harvatin
August
2011
Article
Page 406
What happens when an Illinoisan receives a DUI in another state or an out-of-stater is charged in Illinois? Here are the basics.

Increased fines for DUI offenders. PA 096-1342

August
2011
Illinois Law Update
Page 388
The Illinois Vehicle Code has been amended to increase the fine for anyone who is found guilty of or pleads guilty to driving under the influence. 625 ILCS 5/11-501.01.

An aggravated DUI charge based on trace evidence of methamphetamine did not require the state to show that impairment was the proximate cause of the victims’ deaths

July
2011
Illinois Law Update
Page 336
An appellate court erred when it reversed the conviction of a man convicted at trial of driving under the influence (DUI) even though there was no evidence of a casual link between impairment caused by a trace amount of methamphetamine and a car accident that killed two people. (See LawPulse in the June IBJ for more about Martin.)

Hutsell: Parents not liable for death of underage DUI driver

By Helen W. Gunnarsson
July
2011
LawPulse
Page 330
The high court held that parents who hosted a party did not voluntarily undertake the duty to prevent underage drinking.

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