Illinois Bar Journal

Articles on Driving Under the Influence

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.

Trace amount of methamphetamine supports aggravated DUI conviction

By Helen W. Gunnarsson
June
2011
LawPulse
Page 280
After People v Martin, the state need only prove that the driver who causes a fatal accident had methamphetamine in his system, not that it impaired his performance.

Change in Monitoring Device Driving Permit issuance procedure for DUI offenders. PA 096-1526

April
2011
Illinois Law Update
Page 180
The Illinois Vehicle Code has been amended to modify the Monitoring Device Driving Permit (MDDP) issuance procedure for first offenders arrested for driving under the influence of alcohol, drugs, or other intoxicating compounds.

Defending a DUI client who said “no” to the police

By Helen W. Gunnarsson
April
2011
LawPulse
Page 174

Law expanded for police to seize vehicles operated in violation of law. PA 096-1289

April
2011
Illinois Law Update
Page 180
State lawmakers recently expanded offenses for which police may seize a vehicle. Vehicles, vessels, and aircrafts operated in Illinois are subject to seizure if the owner knows and consents to the use and that use violates certain laws. (720 ILCS 5/36-1).

Change to DUI law would limit court involvement in MDDP process

By Helen W. Gunnarsson
February
2011
LawPulse
Page 66
No longer will a court hearing or order be required for issuing a monitoring device driving permit if a new bill is signed into law.

The preclusive effect of summary suspension hearings in subsequent adjudication

December
2010
Illinois Law Update
Page 616
On September 23, 2010, the Supreme Court of Illinois held that the Circuit Court of Champaign County's finding of probable cause at the hearing on plaintiff's petition to rescind his statutory summary suspension, pursuant to 625 ILCS 5/2-118.1, did not bar the issue of probable cause from re-litigation in a civil suit for malicious prosecution.

Dramshop Act does not block respondeat superior claim for employee drunk driving

November
2010
Illinois Law Update
Page 564
On August 18, 2010, the Appellate Court of Illinois, First District, overturned a grant of summary judgment by the Circuit Court of Cook County, finding that the Dramshop Act does not preempt claims based on legal theories independent from the defendant's provision of alcohol.

Penalties stiffened for drunken supervisors of minors driving vehicles. PA 096-1237

November
2010
Illinois Law Update
Page 564
Supervisors of minors driving with instruction permits are now subject to stricter penalties if they use alcohol or drugs while accompanying or instructing the minors. (625 ILCS 5/11-507)  

2010 Spring Session Roundup

By Jim Covington
August
2010
Column
Page 404
A summary of key Illinois legislation passed this spring.

The legal significance of the difference between “in his breath” and “on his breath”

July
2010
Illinois Law Update
Page 348
On April 16, 2010, the Appellate Court of Illinois, Second District, reversed a conviction for driving under the influence (DUI) by the Lee County Circuit Court holding that evidence was insufficient to establish that defendant had cannabis in his breath, blood or urine when he was driving.

Supreme court: HGN testing is good evidence, but not in this case

By Helen W. Gunnarsson
April
2010
LawPulse
Page 174
In People v McKown, the high court rules that HGN tests meet the Frye standard - if they're administered properly.

Representing DUI Clients Before the Secretary of State

By Helen W. Gunnarsson
November
2009
Cover Story
Page 556
A plain-language primer on the SOS process, including some unwritten rules about how to represent your DUI client.

U.S. Supreme Court: Confrontation Clause requires lab analysts to testify

By Helen W. Gunnarsson
October
2009
LawPulse
Page 490

Demystifying Illinois DUI Sentencing

By Larry A. Davis
July
2009
Article
Page 352
Presenting Illinois’ confusing DUI sentencing options as a chart enables practitioners to see at a glance which penalties their clients face.

Amendments to DUI statute should be harmonized

June
2009
Illinois Law Update
Page 284
On March 27, 2009, the Illinois Appellate Court, Third District, reversed the decision of the Circuit Court of Henry County, which granted the defendants' motions to dismiss, holding that two subsections of the DUI statute enacted by PA 94-329 were not embodied in the DUI law, 625 ILCS 5/11-501 (2006), at the time the offenses were alleged to have been committed.

The plain language of section 2-118.1(b) of the Vehicle Code suggests alternatives

June
2009
Illinois Law Update
Page 284
On March 31, 2009, the Illinois Appellate Court, First District, reversed and remanded the judgment of the Circuit Court of Cook County rescinding the statutory summary suspension of the defendant's driver's license. 

Subpoena for medical records

January
2009
Illinois Law Update
Page 16
On October 31, 2008, the Illinois Appellate Court, Fourth District, reversed the judgment of the Circuit Court of Logan County denying the state's request for a subpoena duces tecum, seeking release of a defendant's medical records for the day the defendant was charged with driving under the influence (DUI).

DUI Law: The BAIID Era Begins

By Helen W. Gunnarsson
December
2008
Cover Story
Page 616
Goodbye JDP, hello "monitoring device driving permit." Here's a look at the sweeping new DUI law that takes effect January 1.

Aggravated driving under the influence is a Class 2 felony

November
2008
Illinois Law Update
Page 554
On September 8, 2008, the Illinois Appellate Court, Second District, affirmed the judgment of the Circuit Court of Lake County finding the defendant guilty of aggravated driving under the influence of alcohol, and sentencing the defendant to three years in prison.

HGN tests meet the Frye standard

By Helen W. Gunnarsson
November
2008
LawPulse
Page 548
So rules the Tenth Circuit court in the first-ever Illinois Frye hearing on the admissibility of HGN tests as an indicator of drunk driving - assuming various requirements are met.  

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.

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