Illinois Bar Journal


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Articles on Driving Under the Influence

Defending a DUI client who said “no” to the police By Helen W. Gunnarsson April 2011 LawPulse, Page 174 Among other techniques, use voir dire to help tell your story and underscore the defendant's constitutional right to refuse testing and other requests. Defending a DUI case? West suburban lawyer Donald J. Ramsell provides practical tips for defending DUI refusals in jury trial cases in the March 2011 issue of ISBA's Traffic Laws and Courts section newsletter.
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 Prosecutors can’t rely on lab reports alone, the Court rules. But ISBA lawyers disagree about how much impact the ruling will have in Illinois.
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.
Correspondence from Our Readers November 2006 Column, Page 574 Beyond "deed and green";CDL/DUI update.
Bohner redux: insured properly denied coverage for “illegal” act, 7CA rules By Helen W. Gunnarsson April 2006 LawPulse, Page 166 Like the Illinois Appellate Court, the federal seventh circuit ruled recently that an insurance company properly denied coverage to an under-the-influence driver based on the policy's exclusion for "illegal" acts.