Illinois Bar Journal


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Articles on Driving Under the Influence

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.
Court Supervision in Traffic Cases: New Strategies for Amended Laws By Theodore J. Harvatin April 2006 Article, Page 192 What impact does supervision really have on your clients, especially commercial drivers? Make sure you're up to date.
Criminal-acts exclusion bars insurance recovery to DUI driver By Helen W. Gunnarsson March 2006 LawPulse, Page 110 The court said a lesser traffic offense wouldn't trigger the auto-gap-policy exclusion. But will the ruling's logic be applied to other insurance policies with similar language? 
Tough New Dui Laws Take Effect in ’06 By George A.M. Heroux December 2005 Article, Page 636 These new laws, effective January 1, take special aim at drivers responsible for fatalities.
Crawford, Breathalyzer Tests, and the Public-Records Hearsay Exception By Hon. William J. Haddad August 2005 Article, Page 412 May breathalyzer logbook entries still be introduced in Illinois under the public-records exception?
Crawford v Washington and the Limits on Admitting Hearsay in Criminal Trials By John H. Gleason August 2005 Article, Page 408 Crawford limits a judge's discretion to admit hearsay against criminal defendants. Here's a discussion of the case's impact and  unanswered questions.
No statutory right to refuse chemical testing for DUI May 2005 Illinois Law Update, Page 232 On February 3, 2005, the Illinois Supreme Court reversed the decisions of both the appellate and circuit courts, which granted the defendant's motion to suppress the results of his blood and urine tests. 
DUI: the acid-reflux defense By Helen W. Gunnarsson November 2004 LawPulse, Page 562 The high court holds that defendants with acid-reflux disease can raise it as a defense if it causes them to regurgitate during breath-alcohol testing.
“No” to compulsory DUI blood tests By Helen W. Gunnarsson April 2004 LawPulse, Page 170 A second district case holds that nonconsensual, non-treatment-related blood and urine tests are inadmissible in DUI trials.
Secretary of state tightens vehicle interlock regulations June 2003 Illinois Law Update, Page 280 The Illinois Secretary of State's Office recently adopted amendments to 92 Ill Adm Code 1001.
Miranda, Fifth Amendment don’t apply in summary-suspension hearings By Helen W. Gunnarsson February 2003 LawPulse, Page 58 Three Illinois Appellate Court districts have ruled that summary-suspension hearings are civil proceedings to which Miranda and the privilege against self-incrimination do not apply.
Conviction of defendant for DUI after stop at roadblock set up to gather information about hit and run accident reversed because police did not have individualized suspicion to stop defendant January 2003 Illinois Law Update, Page 14 On October 18, 2002, the Illinois Supreme Court held that the defendant's Fourth Amendment rights were violated when the police stopped him at a roadblock created to gather information about a hit and run accident .
Eligibility for restricted driving permits and minimum sentence requirements for DUI convictions P.A. 92-0418 June 2002 Illinois Law Update, Page 288 On August 17, 2001, Gov. Ryan signed House Bill 2265, which amended the Illinois Vehicle Code and the Unified Code of Corrections concerning the eligibility for restricted driving permits and minimum sentence requirements for drivers convicted of DUI offenses.
Every Lawyer’s Guide to DUI By Donald J. Ramsell June 2002 Article, Page 311 An overview for lawyers who don't practice DUI law.
Legislation increases the penalty for operating and maintaining an aircraft while under the influence of alcohol, drugs, or other controlled substances P.A. 92-0517 June 2002 Illinois Law Update, Page 288 On January 1, 2002, Gov. George H. Ryan signed into law Senate Bill 0647 to amend the Illinois Aeronautics Act, which increased the penalties for certain acts related to the operation and maintenance of an aircraft while under the influence of intoxicating liquor, a narcotic drug, or other controlled substances.
Representing DUI Revoked or Suspended Drivers Before the Secretary of State By Larry A. Davis June 2002 Article, Page 292 A step-by-step guide to helping clients seek restoration of their driving privileges.
Legislation eliminates sentencing limit for first-time DUI offenses and increases possible sentence for DUI convictions involving bodily harm P.A. 92-420 February 2002 Illinois Law Update, Page 66 In August, legislation amended the Illinois Vehicle Code by eliminating the three-year limit on a prison sentence for a first-time DUI offense.
Legislation makes people with four or more DUI convictions ineligible for probation P.A. 92-183 February 2002 Illinois Law Update, Page 66 In July, new legislation amended the Unified Code of Corrections making drivers who are convicted of a fourth or subsequent DUI offense ineligible for probation.
New DUI, Traffic Laws Stiffen Penalties By Larry A. Davis December 2001 Article, Page 651 Three new acts increase the penalty for driving while revoked and DUI offenses.
Plaintiff’s driving privileges reinstated after demonstrating that he was no longer an alcohol abuser and would be a “safe and responsible driver” November 2001 Illinois Law Update, Page 568 The office of defendant Jesse White, secretary of state, revoked plaintiff Ronald Mohr's driving privileges for each of two driving under the influence convictions in 1982 and 1989.
Challenging Blood Tests in DUI Prosecutions By Hon. Sheldon A. Harris August 2001 Article, Page 425 A step-by-step guide for the defense.
Increased penalties for driving on a revoked or suspended license; H.B. 2266 August 2001 Illinois Law Update, Page 398 The General Assembly has also approved a measure that would increase penalties for persons convicted of driving with a suspended or revoked driver's license.
Required ignition interlock devices for repeat DUI offenders; S.B. 823 August 2001 Illinois Law Update, Page 398 Senate Bill 823 would increase penalties for repeat drunk driving offenders, including mandating the use of ignition interlock devices on vehicles owned by individuals convicted of a second or subsequent DUI violation.
Aggravated DUI may be expanded; S.B. 0020 March 2001 Illinois Law Update, Page 116 Under Senate Bill 20, persons driving under the influence in school speed zones would be guilty of aggravated DUI.
Legislature mandates pilot of new DUI technology; P.A. 91-881 November 2000 Illinois Law Update, Page 624 As a result of a new Illinois law, the Illinois State Police established a pilot program aimed at testing technology designed to measure driver impairment caused by alcohol or other drug use.
DUI fine increase to raise revenue for police equipment ; P.A. 91-822 August 2000 Illinois Law Update, Page 438 Illinois law enforcement officials may soon get new equipment to aid in making the state's highways safer.
Neighborhood Services Act compromise finally reached June 2000 Illinois Law Update, Page 310 During one of the briefest legislative sessions in recent memory, the General Assembly ended a four-month controversy over whether illegally transporting firearms should be considered a felony or misdemeanor in Illinois.
Effective Closing Arguments in DUI Jury Cases By Donald J. Ramsell May 2000 Article, Page 285 Tried-and-true techniques for DUI "breath" and "refusal" trials.
Summary Suspension Hearings: Shifting the Burden of Proof to the State By J. Brick Van Der Snick March 2000 Article, Page 156 How to establish a prima facie case in a DUI rescission hearing and thus oblige the state to justify the suspension.