Section Newsletters

Articles on DUI

Expert Testimony Required to Prove Consumption of Methamphetamine Based on Metabolites in Urine, Definition of Methamphetamine Excludes Other Separately Listed Substances By Juliet Boyd Traffic Laws and Courts, February 2021 In People v. Scott Petty, the appellate court reversed and vacated the defendant’s conviction for aggravated driving a vehicle under the influence of methamphetamine in violation of the Illinois Vehicle Code.
Chasing zero: The NTSB recommendation to lower BAC limits from .08 to .05 By J. Brick Van Der Snick Traffic Laws and Courts, March 2019 Lowering the limit would place a heavier burden on the prosecutor’s office with a drastic increase in the passage of field sobriety tests by those suspected of impaired driving.
Constitutionality of the DUI per se provisions of the compassionate use of medical cannabis law By Larry Davis Traffic Laws and Courts, March 2019 The Compassionate Use Act as now written provides for an exemption or immunity from prosecution for those who hold a valid cannabis user’s card even if they are in violation of the per se limits established following People v. Martin.
The need for a warrant after DUI suspect hospitalized By James Stern Traffic Laws and Courts, March 2019 In People vs. Pratt, the appellate court held that a non-consensual blood draw of a DUI suspect at the hospital after a fatal accident was an unreasonable warrantless search in violation of the Fourth Amendment.
Appellate court finds that admission of evidence related to defendant’s blood draw was not in error By J. Brick Van Der Snick Traffic Laws and Courts, December 2018 A summary of People v. Turner, in which the defendant appealed his conviction and sentencing for two counts of aggravated driving under the influence of alcohol. 
The new DUI crime laboratory discovery rules By Donald J. Ramsell Traffic Laws and Courts, December 2018 In Illinois, the defendant’s right to obtain full discovery of crime laboratory data, mistakes, and misconduct in DUI cases has been a long and arduous road
The current state of DUI warrantless blood and urine draws By Anisa Jordan Traffic Laws and Courts, June 2018 A case-by-case, totality of the circumstances approach should be employed when blood and/or urine has been taken from a defendant without a warrant in a DUI case.
Reliability is the paramount concern: People v. Ernsting By Brad L. Badgley Bench and Bar, April 2018 When it comes to the administration of a breath test, the Illinois Supreme Court has emphasized reliability of the results is of paramount concern.
Update on THC nanogram testing in cannabis DUI cases By Jeremy J. Richey Traffic Laws and Courts, October 2017 One problem with Public Act 99-0697, which became effective July 29, 2016, is the law has changed faster than ISP’s ability to enforce it.
Illinois Supreme Court rules a third DUI is a Class 2 felony By Jeremy Richey Traffic Laws and Courts, May 2017 A third DUI conviction is a Class 2 felony and the Illinois Supreme Court has settled any argument to the contrary in People ex rel. Glasgow v. Carlson.
People v. Gocmen: Some advanced DUI drug training required By Anthony A. Bruno Traffic Laws and Courts, May 2017 In its opinion, the Appellate Court emphasized the arresting officer's lack of training and experience that would enable him to distinguish between a diabetic reaction and a drug reaction.
Appellate court affirms trial court’s suppression of PBT results and no probable cause for DUI arrest: People v. Taylor, 2016 IL App (2d) 150634 By J. Brick VanDerSnick Traffic Laws and Courts, December 2016 In a published opinion issued July 20, 2016 by the Second District Appellate Court, the trial court’s suppression of defendant’s PBT results was affirmed.
Dude, where’s my license? Welcome changes in Illinois DUI law By Paul Meyer Traffic Laws and Courts, December 2016 A look at laws enacted last year that reflect a shifting attitude toward rewarding rehabilitated drivers and away from increasing and progressive incarceration for what is unimpaired, albeit illegal, driving.
Appellate court affirms conviction for DUI with .059 BAC By Jeremy J. Richey Traffic Laws and Courts, May 2016 The decision in People v. Phillips is consistent with other Illinois cases.
ISP Electronic Certification Insufficient for Admission of Breath Test Results By William L. Vig Traffic Laws and Courts, December 2015 As the breath test was the only evidence tending to show that his BAC was 0.08 or more in this case, defendant argued that his conviction should be reversed.
What you need to know about the BAIID machine By Lisa Dunn Traffic Laws and Courts, December 2015 This article will explore exactly what the BAIID machine is, who is required to install the BAIID machine, and what “tips” you can give your clients in order to be successful while driving a vehicle equipped with the BAIID machine.
Breath testing instrument update By Nancy G. Easum Traffic Laws and Courts, September 2015 In accordance with the Testing of Breath, Blood, and Urine for Alcohol, Other Drugs, and Intoxicating Compounds administrative rules found at 20 Ill. Adm. Code 1286, accuracy check records for evidential instruments may be kept in a logbook and/or the instrument’s memory.
Monitoring court-ordered sobriety through the use of technology By Steven M. Sims Traffic Laws and Courts, September 2015 An overview of the most common monitoring devices.
Revisions to the Illinois Interlock Program, DUI and summary suspension statutes By Marc Christopher Loro Administrative Law, September 2015 Effective January 1, 2016, several legislative changes amend the Illinois Interlock program, DUI and summary suspension statutes.
What constitutes “vehicles,” “motor vehicles” and their Illinois Vehicle Code violations By Ted Harvatin Traffic Laws and Courts, September 2015 A helpful overview of these frequently used terms.
An overview of DUI evaluations in Illinois By Jeremy Richey Traffic Laws and Courts, June 2015 As a general rule, a motorist cannot plead guilty to a DUI without having a DUI evaluation on file with the trial court.
What does a personal injury plaintiff have to plead to seek punitive damages against a drunk driver? By Sean C. Burke Bench and Bar, April 2015 Given the recent decision in Farris v. Sullivan, when a drunk driver injures a plaintiff in a car crash and later pleads guilty to DUI, the plaintiff should be permitted to seek punitive damages at trial.
The other DUI: Part II By Liam Dixon Traffic Laws and Courts, March 2015 A look at Arizona's statute, which is similar to Illinois' Marijuana DUI law.
The other DUI: Part I By Liam Dixon Traffic Laws and Courts, February 2015 A review of the DUI statute as it relates to the Medical Marijuana Act.
4th Amendment Rights: Citizen awarded $250,000 after false arrest and imprisonment by Missouri State Highway Patrol Officer By Maggie Noe Human and Civil Rights, October 2014 An overview of the Doe v. Crank case and jury award.
But I wasn’t even there! An overview of premises-based constructive possession By Aaron G. Brakke General Practice, Solo, and Small Firm, October 2014 An overview of the basics of constructive possession and the author's thoughts on combating a claim. 
10 tips for negotiating DUI cases: One prosecutor’s perspective By Jeremy J. Richey Traffic Laws and Courts, March 2014 This article contains ten quick tips, from this author-prosecutor’s perspective, that will help improve your next results at the negotiation table.
Chasing zero: The NTSB recommendation to lower BAC limits from .08 to .05 By J. Brick Van Der Snick Traffic Laws and Courts, March 2014 Lowering the limit would place a heavier burden on the prosecutor’s office with a drastic increase in the passage of field sobriety tests by those suspected of impaired driving.
2013 changes to Article 36: Seizures and forfeitures By Anthony A. Bruno Traffic Laws and Courts, September 2013 As of January 1, 2013 the Illinois legislature is making it easier for the State to take your car.
Chasing zero: The NTSB recommendation to lower BAC limits from .08 to .05 By J. Brick Van Der Snick Traffic Laws and Courts, September 2013 With the release of its “Reaching Zero” report, the NTSB has urged all states to lower the per se BAC limit to .05 or lower.

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