Publications

Articles on Driving Under the Influence

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
Article
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
Article
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.

Verbal refusal does not control where defendant physically complies with chemical test

May
2008
Illinois Law Update
Page 236
On March 7, 2008, the Illinois Appellate Court, Second District, affirmed the judgment of the Circuit Court of De Kalb County finding that the defendant had not refused to submit to testing to determine the content of alcohol or other drugs in his blood.

Adult DUI offenders who transport minors - what is the law?

By Helen W. Gunnarsson
February
2008
LawPulse
Page 66
A recent Journal article inspires a debate about whether the statute it discussed is still in effect and a call for the legislature to clear up the confusion.

How to Admit or Exclude PBT Results

By Eric R. Waltmire
February
2008
Article
Page 92
Police 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 test

By Helen W. Gunnarsson
November
2007
LawPulse
Page 570
The Illinois Supreme Court rules that a Frye hearing must be held to decide whether the horizontal gaze nystagmus test reliably indicates alcohol impairment.

No Supervision for Adult DUI Offenders Who Transport Minors?

By Ralph Strathmann
November
2007
Article
Page 596
A statute requiring prison time instead of court supervision for adult first-time DUI offenders who were transporting minors conflicts with existing law, this author argues.

New DUI bill replaces JDPs with “monitoring device driving permits”

By Helen W. Gunnarsson
August
2007
LawPulse
Page 398
A 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.

Challenging Summary Suspension When A Defendant’s License is Suspended, Revoked, or Expired

By Hon. Charles P. Burns and Jeff Chan
May
2007
Article
Page 262
Do these defendants have standing to challenge a summary suspension?

Hearing to rescind a suspended driver’s license must occur within 30 days of filing

March
2007
Illinois Law Update
Page 124
On 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.

Cross-examination and impeachment techniques for DUI defense attorneys

By Helen W. Gunnarsson
December
2006
LawPulse
Page 642
You can gather plenty of evidence even without the benefit of discovery, a pair of leading DUI defense attorneys say.

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