Illinois Bar Journal

Articles on Driving Under the Influence

Ads for Breath Alcohol Ignition Interlock Devices must contain disclosures

December
2018
Illinois Law Update
Page 14
The Secretary of State added a section to the part on Procedures and Standards requiring sellers of Breath Alcohol Ignition Interlock Devices (BAIID) to disclose to their customers in advertisements and mailers that they are not agents of the state (92 Ill. Adm. Code 1001 (effective Sept. 5, 2018)).

Reasonable Withdrawal

By Rhys Saunders
November
2018
LawPulse
Page 12
Illinois Supreme Court rules in favor of police in case involving suspension of diabetic man's driver's license after a DUI drug arrest.

Blood-Alcohol Evidence and ‘Driving While Impaired’ in Illinois Civil Cases

By Patrick C. Dowd & Seth Howard
May
2018
Article
Page 38
Suppose you have evidence of a driver's high BAC but no corroborating evidence of impairment. Does the BAC evidence alone authorize an expert to testify that the driver was probably impaired? This article reviews the confusing state of Illinois law.

Appellate court overturns provision authorizing warrantless blood draws

By Matthew Hector
March
2018
LawPulse
Page 18
The Illinois Appellate Court overturned a statutory provision allowing warrantless forced blood draws of any driver who causes death or injury, mandating a case-by-case analysis instead.

Revised license sanctions for cannabis-related offenses

February
2018
Illinois Law Update
Page 18
The Secretary of State amended the Part titled Cancellation, Revocation, or Suspension of Licenses or Permits (92 Ill. Adm. Code 1040 (eff. Oct. 30, 2017)) to add new offenses and clarify penalties. The new amendments implement Public Acts 99-697 and 99-68.

From the Discussions - DUI with kids under 16

July
2017
Article
Page 49
Q. Where the statute says a DUI with a child under 16-years-old in the vehicle is "subject to" six months of imprisonment, is that mandatory or discretionary?

From the Discussions - Is ‘fleeing and eluding’ probable cause for a DUI stop?

June
2017
Article
Page 25
Q. Can 'fleeing and eluding' arrest provide probable cause for an otherwise unsupported DUI stop?

Secretary to require more from providers who seek payment from Indigent BAIID Fund

April
2017
Illinois Law Update
Page 22
The Secretary of State adopted amendments to the procedures and standards providers of Breath Alcohol Ignition Interlock Devices ("BAIID") must follow to receive state funding for their services.

Proposed rule to allow prior DUI conviction to be admitted in new DUI proceedings

February
2017
Illinois Law Update
Page 20
Under proposed amendments to the Code of Criminal Procedure, a defendant who is accused of driving under the influence or aggravated driving under the influence, and refused chemical testing requested by a law enforcement officer, could have their previous DUI or aggravated driving under the influence conviction admitted into evidence.

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 & 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
Cover Story
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 & 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.

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