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It is well-established that the police must either obtain a warrant or consent to conduct a blood test on a person suspected of DUI. Thus, the results of a warrantless blood test that was administered without a defendant’s knowing consent may be suppressed. In some instances, though, the prosecution will attempt to obtain the results of a medical blood draw via a subpoena to use as evidence against a DUI defendant. Whether they should be permitted to do so was the question recently presented to the Wisconsin Supreme Court. While the ruling will have no bearing on Illinois law, it may illustrate how courts throughout the country will resolve the issue in the coming years. If you are charged with a DUI offense in Illinois, it is advisable to speak to an Illinois DUI defense lawyer regarding your potential defenses.

The Wisconsin Case

It is alleged that the Wisconsin Supreme Court recently evaluated the question of whether prosecutors can use subpoenas to obtain the results of blood tests they believe will establish guilt in a DUI case if a warrantless blood draw taken the same night was barred from admission into evidence. In the subject case, the defendant crashed into a building and tree. An officer found him in a yard near the accident and noted that he smelled of alcohol. He was taken to the hospital, where his blood was drawn for diagnostic purposes.

Reportedly, the defendant was arrested for DUI, and the officer took a sample of his blood without a warrant, arguing exigent circumstances required such testing. The results of the police’s blood test were suppressed via a motion. Prosecutors later issued a subpoena seeking the defendant’s medical records from the hospital. At issue is whether the medical records should be considered fruit from a poisonous tree, or as the prosecution asserted, they come from a different plant than the results of the police test. Continue reading →

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In recent years, legislators, MADD, and other interested parties have pushed for legislation mandating that all new vehicles come equipped with alcohol detection systems that prevent people from driving while intoxicated. The Infrastructure Investment and Jobs Act recently passed by the United States House of Representatives included an Advanced Impaired Driving Technology provision that MADD hailed as the single most important piece of legislation passed in the forty-one years the organization has been in existence. While no one denies the dangers of driving while intoxicated, compulsory alcohol sensors arguably violate people’s rights and could potentially create a host of other issues. If you are charged with a DUI offense in Illinois, it is in your best interest to speak to an Illinois DUI defense lawyer to discuss your rights.

The Advanced Impaired Driving Technology

It is reported that the Advanced Impaired Driving Technology portion of the bill sets forth a standard that MADD anticipates will prevent close to 10,000 drunk driving deaths each year. Further, MADD’s President asserted that the bill will essentially eliminate the leading cause of death on roads throughout the country.  She argued that technology is necessary to stop the dangerous driving tactics of people who fail to make the right choice.

Allegedly, the bill orders the National Highway Traffic Safety Administration (NHTSA) to begin a rulemaking process and within three years, establish the standard for impaired driving safety equipment on all new vehicles. It is expected that NHTSA will assess technology that may include, among other things, alcohol detection systems that employ sensors to assess whether a driver is intoxicated and if so, prevent their vehicle from moving. Once the safety standard is established, car manufacturers will have two to three years to implement it. Continue reading →

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In certain cases in which a person is convicted of DUI, the courts will order the person to install an ignition interlock device in their car. Typically, the courts will issue such orders in cases involving repeat offenders. The proponents of such devices typically argue that while their installation infringes on certain liberties, it is necessary to do so to mitigate the risk of harm the person poses to other members of society. In recent years, though, various parties throughout the country have pushed for the installation of alcohol sensing devices in all vehicles. While such efforts have yet to be successful, should such technology be mandatory in cars in the future, it may have a significant impact on driver’s rights and the prosecution of DUI cases. If you are accused of a DUI crime in Illinois, it is prudent to consult an Illinois DUI defense lawyer regarding your options for seeking a favorable outcome.

Built-In Alcohol Sensing Technology

It is alleged that researchers recently stated they had created alcohol detection sensors that would essentially eliminatedrunk driving. While the technology is still in developmental stages, it is anticipated that it will be ready to be installed in vehicles throughout the country in a few years. The developers are currently in the process of licensing the sensors. Meanwhile, legislation that would make the installation of alcohol sensors mandatory in all new passenger vehicles is before Congress.

Reportedly, the technology, which was developed by a Boston company, collects measurements with little human interaction. One device captures a driver’s breath and pulls it into a sensor, where a beam of light then calculates the driver’s blood alcohol concentration. A second device employs lasers to read the alcohol level below the surface of the skin on the driver’s finger. If the driver’s blood-alcohol level exceeds the legal limit, they will not be able to drive. Continue reading →

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People typically know that they can be charged with DUI crimes for driving while intoxicated, but they are often surprised to learn that they may face charges for simply sitting in their cars while under the influence of alcohol. While the law in most states allows for such charges, a woman in New Mexico recently filed a civil lawsuit alleging that that police violated her rights when they entered her garage and charged her with a DUI crime when she was simply sitting in a parked car. The court ultimately agreed with the defendant and threw out the criminal charges against her, but it remains to be seen whether her civil suit will be successful. Regardless of the outcome, it raises important concerns regarding the privacy rights of DUI defendants in Illinois and throughout the country. If you are accused of a DUI crime, it is smart to contact an Illinois DUI defense attorney to determine your rights.

The Defendant’s Criminal and Civil Cases

It is alleged that police in Rio Rancho, New Mexico received a call from a woman who stated that she got into a verbal altercation with the defendant at a gas station. The woman advised the police that the defendant smelled of alcohol and provided the police with the defendant’s license plate number. The police then tracked down the defendant at her residence. When they arrived, they entered her garage, where she was sitting in her parked car.

Reportedly, the defendant submitted to numerous field sobriety tests, which she failed, and she was arrested and charged with DWI and other crimes. The court ultimately dismissed the charges against her, finding that the entry into her garage was unlawful. She subsequently filed a civil lawsuit against the police, seeking damages for the violation of her privacy rights. Continue reading →

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It is well-acknowledged that driving while intoxicated poses a significant risk of harm to other people. As such, it is Illegal in Illinois. There are no laws barring people from driving while they are dehydrated, and despite the seemingly absurd notion that there should be, a recent article suggests that dehydrated drivers are as dangerous as drunk drivers. While the article does not have any legal implications, it does trigger the question of whether some people stopped for suspicion of DUI show signs of impairment for other reasons. If you are charged with a DUI offense, it is in your best interest to consult an experienced Illinois DUI defense lawyer to discuss what defenses you may be able to assert.

The Impact of Dehydration on Drivers

Reportedly, a study conducted in 2021 in the United Kingdom showed that even slight cases of dehydration were equivalent to driving while intoxicated. In other words, motorists who are mildly dehydrated show a substantial increase in small driving errors during long trips as opposed to drivers who are adequately hydrated. The magnitude of impairment caused by dehydration was the same as that experienced by drivers that had consumed a sufficient amount of alcohol to achieve a blood alcohol level of 0.08%. Specifically, losing even a small amount of water causes a decreased capacity to adequately perform tasks that require quick decisions, concentration, and motor skills and produces symptoms such as dizziness, tiredness, and loss of focus.

Grounds for DUI Charges in Illinois

In Illinois, there are multiple grounds for charging a person with a DUI crime. For example, a person may face DUI charges for being in physical control of a vehicle while their blood alcohol level is 0.08% or higher. Notably, “physical control” may include acts other than driving, like starting a vehicle or sleeping in a parked car with the engine running. Continue reading →

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People accused of committing DUI offenses, like all criminal defendants, are afforded numerous rights under the United States Constitution. For example, under the Confrontation Clause of the Sixth Amendment, they have the right to examine their accusers at trial. If the State violates a criminal defendant’s Constitutional rights, the violation may constitute grounds for an appeal. The question of whether the use of two-way video conferencing violated the rights granted under the Confrontation Clause was the topic of a recent ruling issued in Montana. While the opinion does not impact the prosecution of DUI cases in Illinois, it provides insight into how courts may rule on similar issues. If you are accused of a DUI crime, it is smart to meet with an Illinois DUI defense lawyer as soon as possible to discuss your rights.

The Montana Case

It is reported that the defendant was stopped by the police for suspicion of a DUI. He was subsequently arrested and charged with DUI. The case proceeded to trial before a jury. The arresting officer was not present in the courtroom during the trial but appeared via two-way video. The jury convicted the defendant, and he appealed, arguing, in part, that the court violated his right to confrontation by permitting the officer to testify through two-way video conferencing instead of appearing in court in person.

The court agreed, noting that in criminal prosecutions, defendants have the right to meet the State’s witnesses face to face and to fully examine them. The court elaborated that confrontation ensures that the evidence offered against a defendant is reliable. Thus, pursuant to Montana’s confrontation clause, witnesses may only testify via two-way video when securing the witness’ presence is impossible or impractical. The court ultimately found that the State failed to prove that the use of two-way video was warranted.  As such, it reversed the defendant’s conviction. Continue reading →

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In any criminal matter, the prosecution bears the burden of proving, beyond a reasonable doubt, each element of the underlying offense. Thus, if the government cannot establish the corpus delecti or body of the crime, it should not be able to obtain a conviction. An Illinois appellate court recently discussed the concept of corpus delecti in a case in which it reversed the defendant’s DUI conviction. If you are faced with charges, you committed a DUI crime, it is important to speak to a Illinois DUI defense lawyer to evaluate what evidence the state must produce to prove your guilt.

The Facts of the Case

Reportedly, the police were dispatched to a courtyard in response to a report of a domestic disturbance. Upon arrival, they found the defendant and two men standing near a car. The defendant indicated she had an argument with her boyfriend and was trying to locate him. She advised the police that she drove the white car to its current location in hopes of finding her boyfriend and then called the police.

Allegedly, when the police spoke with the defendant, they noticed she smelled of alcohol, her eyes were bloodshot, and her speech was slurred. Thus, they administered field sobriety tests. Based on the defendant’s performance on the tests, they arrested her and charged her with DUI. The trial court found her guilty, and she appealed, arguing that the prosecution failed to offer proof of corpus delecti. Continue reading →

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Relatively recently, the United States Supreme Court ruled that warrantless blood tests violate the Fourth Amendment right against unreasonable searches and seizures. The landscape of DUI law across the country changed in response to the Court’s ruling and continues to evolve, as demonstrated in a recent ruling issued by the Kentucky Supreme Court, in which it held that the refusal to submit to a warrantless blood test could not be used against a DUI defendant. While the ruling does not impact the law in Illinois, it provides insight into how DUI laws throughout the country may progress in the future. If you are charged with a DUI crime, it is smart to meet with a trusted Illinois DUI defense lawyer to assess your options for seeking a just outcome.

The Kentucky Ruling

Reportedly, the Kentucky Supreme Court recently issued a ruling clarifying the status of DUI law throughout the state. Specifically, it upheld a state appellate court decision vacating a man’s DUI conviction, where the state relied on his refusal to submit to a warrantless blood test as evidence of his guilt. The Kentucky Supreme Court noted that courts throughout the state rejected the United States Supreme Court ruling dictating that the police must obtain warrants for blood tests, stating that the ruling did not apply in their courts.

The Kentucky Supreme Court made it abundantly clear, however, that the state courts must abide by the Supreme Court ruling and could not use a DUI defendant’s refusal to submit to a blood test as evidence of guilt. The court pointed out that currently, the law in Kentucky requires proof of injury or death to obtain a warrant for suspected DUI. Thus, it is anticipated that law enforcement agencies will pressure the legislature to modify the laws in the near future. Continue reading →

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It is the obligation of the police to uphold and enforce the law. Unfortunately, some officers go beyond the scope of their duties in a manner that violates the rights of the suspects they are investigating. For example, it was recently revealed that a police officer in Phoenix was altering police reports to make it more difficult for criminal defendants to prepare their defenses. While the revelation does not impact cases pending in Illinois, it highlights issues in the criminal justice system that can make it difficult for defendants to obtain a fair trial. If you are charged with a DUI offense, it is in your best interest to engage a skilled Illinois DUI defense lawyer to help you fight to protect your rights.

Phoenix DUI Police Officer’s Tactics Called into Question

It is reported that the most senior DUI motorcycle officer on the Phoenix police force engaged in tactics designed to make it more difficult for defense attorneys to defend their clients. Specifically, the officer was caught on camera explaining that in every report issued in a DUI case, he lists any passengers in the suspect’s vehicle as a victim rather than a witness. While Arizona law allows defense attorneys to interview witnesses, it precludes them from interviewing victims.

In many instances, witnesses will be able to offer information indicating that the defendant was not driving erratically or otherwise lacked indications of impairment or reckless driving that would warrant a traffic stop. Thus, the officer manipulated the reports for the sole purpose of making it more difficult for defense attorneys to obtain information in support of their client’s defenses. Continue reading →

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DUI convictions can have lasting consequences that impact aspects of their life long after the matter is resolved. For example, in prior years, an immigrant could be deported for DUI offenses. While the law has since changed, the ramifications of prior DUIs may still be felt in certain instances, as demonstrated by a recent Supreme Court ruling in which the Court upheld the removal of an individual who had previously been deported due to a DUI conviction. If you are accused of a DUI offense, it is prudent to speak to a trusted Illinois DUI lawyer regarding your potential defenses.

The Supreme Court Ruling

It is reported that the defendant gained permanent residency in 1990 but was deported in 1998 due to a DUI conviction in 1991. The defendant re-entered the country without authorization at some point and remained here until 2017, when he was taken into custody and indicted for unlawful reentry, a charge that would result in him being deported once again.

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