Illinois Bar Journal

Articles on Driving Under the Influence

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 & 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.

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.

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