Illinois Bar Journal

Articles on Driving Under the Influence

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.

Police questioning of a suspect leading to a subsequent arrest for DUI falls within the scope of the police community caretaking functions

November
1999
Illinois Law Update
Page 575
On September 1, 1999, the third district of the Illinois Appellate Court reversed the trial court's decision to rescind the statutory summary suspension of the defendant's driver's license after the defendant was arrested for DUI.

A Hospital “Shall” Disclose Blood Alcohol Concentration Test Results to Police; PA 91-125

September
1999
Illinois Law Update
Page 460
If blood or urine tests to determine the presence of alcohol or drugs are ``conducted upon persons receiving medical treatment in a hospital emergency room for injuries resulting from a motor vehicle accident,'' PA 91-125 mandates disclosure of the results to police upon request.

Ignition Interlock Device Laws Expanded; PA 91-127

September
1999
Illinois Law Update
Page 460
First-time DUI offenders "may petition the circuit court of venue for a Judicial Driving Permit (JUP)...to relieve undue hardship.''

Illinois Continues to Augment DUI Laws

September
1999
Illinois Law Update
Page 460
Four pieces of legislation signed in mid-July by Governor George Ryan are the latest in a series of enactments augmenting the Illinois DUI law, 625 ILCS 5/11-501, and other DUI-related provisions.

Reckless Homicide Sentencing Modified in Cases Involving Multiple Deaths and Alcohol or Drugs; PA 91-122

September
1999
Illinois Law Update
Page 460
Public Act 90-122 mandates a six- to 28-year prison term for a defendant found guilty of reckless homicide involving two or more deaths in a single course of conduct when the defendant is under the influence of alcohol or drugs.

The Lawyer’s Journal

By Bonnie McGrath
May
1999
Column
Page 238
The high court revisits the single-subject rule.

Illinois law enforcement officers may obtain a blood sample from a driver who is in an adjoining state for medical care under a presumption that the driver was driving while intoxicated.

February
1999
Illinois Law Update
Page 73
On November 19, 1998, the Illinois Supreme Court reversed the trial court's holding that section 11-501.1(a) of the Illinois Vehicle Code (625 ILCS 5/11-501.1(a) (West 1996)) .

Illinois Strengthens DUI Provisions Ignition Interlock Devices Authorized; PA 90-611 (Approved 7-1-98, effective 7-1-98)

November
1998
Illinois Law Update
Page 596
Two recent acts stiffen repeat DUI penalties and expand the scope of DUI provisions.

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