Submerged Truck Leads to DUI Arrest
People typically understand that they can be charged with DUI crimes if they are caught driving a vehicle while under the influence of alcohol. What may be surprising to some people, though, is that they can be charged with a DUI offense even absent direct evidence of their operation of a vehicle while intoxicated. For instance, in the case of a man arrested after his truck was found submerged in a lake, authorities relied on circumstantial evidence such as proximity to the vehicle, the vehicle’s condition, and the individual’s behavior to establish his involvement. Similarly, under Illinois law, DUI charges can be substantiated through observations and situational factors indicating control and intent to operate a vehicle while under the influence of alcohol or drugs. If the State charged you with a DUI crime, it is advisable to speak to an Illinois DUI defense lawyer at your earliest convenience.
Underwater Truck DUI Arrest
It is reported that a man in California’s Bay Area was arrested on suspicion of DUI after police found his truck submerged in a lake. The incident unfolded around 10:40 p.m. on the Fourth of July when the the California Highway Patrol responded to reports of an unknown vehicle in the lake, which reaches depths of 145 feet. Upon arrival, officers discovered the man’s truck underwater with its headlights shining out of the water. The man had left his boat on the lake earlier that evening and attempted to drive his truck down to the dock to load it onto a trailer. During this process, both the truck and trailer were pulled into the lake and quickly submerged.
Allegedly, during their conversation with the man, officers observed signs of alcohol consumption and conducted a DUI investigation. They determined the man was intoxicated and arrested him before taking him to the hospital for a medical evaluation. Following the evaluation, he was booked on charges of driving and operating a vehicle while under the influence of alcohol. Continue reading →
Pennsylvania Teen Charged with DUI for Operating an ATV Under the Influence
While states have various BAC threshold limits for per se DUI charges, in every state in the country, it is unlawful to drive while under the influence of alcohol. While in most instances, DUI charges arise out of the operation of a passenger vehicle, in many states, including Illinois, the DUI statutes do not limit such offenses to people driving cars or trucks. Instead, they merely specify that the operation of a motor vehicle while impaired due to the consumption of alcohol is unlawful. For example, in Pennsylvania, a teenager was recently arrested for operating a Gator after drinking. If you are charged with a DUI offense in Illinois, it is smart to talk to an Illinois DUI defense lawyer about your possible defenses.
Facts of the Pennsylvania Case
It is reported that a 19-year-old from Pennsylvania was arrested for driving under the influence while operating a John Deere Gator. The incident occurred on March 17, when police conducted a traffic stop after noticing the driver, identified as the suspect, leaving a Sheetz parking lot without using a turn signal. Additionally, the vehicle was not registered. During the stop, officers observed signs of alcohol impairment in the suspect.
It is alleged that a field sobriety test confirmed these suspicions, and a subsequent breathalyzer test revealed that the suspect’s blood alcohol concentration was five times the legal limit for an underage individual, which is 0.02 percent in Pennsylvania. The suspect faces multiple charges, including DUI-general impairment and DUI-minor, and was released pending a court hearing. Continue reading →
Tennessee Lowers BAC Threshold for Aggravated DUI Crimes
Generally, the severity of the penalty for DUI crimes depends, in part, on the alleged offender’s BAC at the time of their arrest. In other words, most states impose stricter punishments for what are considered “aggravated” DUI crimes, which is usually defined by a BAC level above a certain limit. Recently, Tennessee passed two laws that will impact the prosecution of DUI offenses, by lowering the threshold for aggravated offenses and offering alternatives to jail time. While the changes do not impact Illinois law, they may provide insight on modifications to come in DUI laws throughout the country. If you are accused of committing a DUI offense, it is sensible to speak to an Illinois DUI defense lawyer promptly.
Tennessee’s New DUI Laws
It is reported that two new DUI laws set to take effect on July 1, 2024, in Tennessee will introduce stricter penalties for those caught driving under the influence. The first law lowers the blood alcohol concentration (BAC) threshold for aggravated DUI from 0.20% to 0.15%. This change means that first-time offenders with a BAC over 0.15% will now face a mandatory seven-day jail sentence, significantly increasing from the previous penalty of 48 hours.
Allegedly, offenders will face other penalties as well, including the mandatory installation of an ignition interlock device in their vehicles for a year. This device requires drivers to pass a breathalyzer test before starting their vehicle, aiming to prevent repeat offenses. The second law offers a new option for serving time for first-time DUI offenders. Instead of serving jail time, offenders may, at the discretion of the judge and prosecutor, serve their sentence in an alternative facility. Continue reading →
DUI Checkpoints in Illinois Result in Multiple Arrests
While many DUI arrests arise out of traffic stops, some are the result of DUI checkpoints. In most states, including Illinois, law enforcement agents have the right to conduct such checkpoints and often do so during the times of year when people are more likely to drive while intoxicated, like holidays and the summer. Regardless of when they conduct DUI checkpoints, though, they must abide by proper procedures. Recently, DUI checkpoints in Illinois resulted in numerous arrests and citations, but it is unclear at this point whether there are grounds for challenging any of the arrests. If you are faced with accusations that you drove while intoxicated, it is advisable to meet with an Illinois DUI defense lawyer to assess your options.
Illinois DUI Checkpoints Yield Arrests
It is alleged that in April, Illinois State Police conducted five nighttime roadside checkpoints, resulting in two DUI arrests and a total of 142 citations and arrests. These citations encompassed a range of offenses, including violations related to registration, driver’s licenses, insurance, and seat belt usage, as indicated in a news release.
It is reported that the checkpoints, managed by the Illinois State Police, were stationed at various locations, each yielding different numbers of citations and arrests. The checkpoints commenced late on the first day and concluded early on the second day of operation. Additionally, troopers issued 49 written warnings as part of the enforcement effort. Continue reading →
South Carolina Enacts Stricter Ignition Interlock Law
The penalties for DUI crimes vary throughout the country, with many states requiring people found guilty of DUI crimes to install ignition interlock devices in their cars. Such penalties are usually reserved for people convicted of two or more DUI offenses or more serious crimes. In South Carolina, though, the legislature recently passed a law requiring ignition interlock devices for anyone found guilty of a DUI offense. While the law has no impact in other states, it could be a sign of changes to come throughout the country, including in Illinois. If you are charged with driving while intoxicated in Illinois, it is in your best interest to talk to an Illinois DUI defense attorney about your rights.
South Carolina’s Ignition Interlock Law
It is reported that South Carolina is set to enforce a tougher DUI law, marking the first major update in nearly ten years. Starting May 19th, anyone convicted of DUI will be required to use an ignition interlock device, which prevents a vehicle from starting if it detects any measurable amount of alcohol on the driver’s breath. Previously, the use of ignition interlock devices in South Carolina was limited to individuals with multiple DUI convictions or those with a first conviction and a blood alcohol concentration (BAC) nearly twice the legal limit.
Reportedly, the new law expands this requirement to all first-time DUI offenders, aiming to prevent impaired driving and enhance road safety. Supporters believe this law will reduce drunk driving incidents and save lives. The law, which is an extension of Emma’s Law, named in memory of a young girl killed by a drunk driver in 2012, is expected to double the number of these devices installed in vehicles across the state. Continue reading →
Tennessee Processing Issues Lead to DUI Charges Against Sober Drivers
In many states, including Tennessee, law enforcement officers can arrest individuals for DUI based on observed behavior that suggests intoxication without needing a blood test. While a blood test might later prove innocence, the initial arrest can lead to severe consequences. Recent issues in Tennessee exemplify this issue, as numerous people have been charged with DUI despite being sober at the time of their arrests. Such unjust charges can result in significant repercussions. If you are faced with DUI charges, it is smart to seek guidance regarding your rights, and you should speak to an experienced Illinois DUI defense attorney as soon as possible.
Tennessee’s DUI Charges Against Sober Drivers
It is reported that in Tennessee, sober drivers are facing DUI charges due to a backlog in alcohol and toxicology tests at the crime lab. The lengthy delays in blood tests have resulted in innocent individuals having their lives disrupted while awaiting proof of their innocence. One such case involved a man who, after an accident, was surprised to be charged with DUI despite being sober. Similarly, another individual also faced DUI charges despite being sober at the time of their arrest. While he admits he caused the accident, he attributed it to difficulty in following instructions due to attention deficit disorder, not intoxication.
Allegedly, despite not being under the influence, these individuals endured the trauma of arrest, legal fees, and loss of reputation. The impact of these arrests extended beyond personal consequences; it also affected their families and communities. The delays in receiving test results further exacerbated their ordeal, with some waiting months to prove their innocence. Despite assurances of improvements in processing tests, the consequences endured by individuals wrongfully charged with DUI highlight the need for systemic reforms to prevent such injustices in the future. Continue reading →
California Proposes Bill Mandating Ignition Interlock Devices for All DUI Convictions
In many states, people convicted of certain DUI offenses will often be required to install ignition interlock devices on their vehicles. While generally, this requirement is reserved for DUI offenses that are considered more serious or repeat offenders, the California legislature recently proposed a bill seeking to mandate ignition interlock devices for all people convicted of DUI. While the bill is still pending, it could suggest a potential shift in DUI legislation within California and potentially other states. If you are facing DUI charges in Illinois, it is advisable to seek guidance from an Illinois DUI defense attorney regarding your available defenses.
The Proposed California Law
It is reported that California Assembly Bill 2210 (AB 2210) proposes to mandate the installation of interlock ignition devices in vehicles of individuals convicted of driving under the influence in California. AB 2210 builds upon existing legislation by extending the requirement of IIDs to first-time DUI offenders, with varying durations of installation depending on the number of offenses. Under the proposed law, first-time offenders would be required to have an interlock ignition device for up to six months, while repeat offenders would face longer installation periods.
Allegedly, proponents of the bill argue that interlock ignition devices are effective in reducing recidivism in drunk driving incidents, with a study by the California Department of Motor Vehicles indicating a 74% reduction compared to license suspensions. However, groups like the ACLU oppose AB 2210 due to concerns about the financial burden it may impose, particularly on low-income drivers. Despite opposition, the bill passed the Assembly Public Safety Committee, signaling potential progress toward implementation. Continue reading →
Florida Crash Leads to Dual DUI Charges
DUI arrests frequently arise out of traffic stops police officers conduct due to erratic driving. In some instances, an arrest will be made after the police investigate a collision and determine one of the motorists is impaired due to the consumption of alcohol. While it is not probable for multiple drivers who are intoxicated to be involved in a collision, it is probable. This was illustrated recently in Florida when a rare collision occurred in which both of the drivers involved were arrested and charged with DUI crimes. If you are faced with DUI charges, it would benefit you to speak to an Illinois DUI defense lawyer about what steps you can take to protect your rights.
Florida’s Double DUI Crash
It is alleged that two motorcyclists were involved in a crash in March 2024 at around 10:40 p.m. Florida Highway Patrol responded to the scene, revealing that both motorcycles were traveling on a highway when a car abruptly entered their path and then fled. The first motorcyclist attempted to avoid the car but ended up colliding with the second motorcyclist. Both riders were ejected from their motorcycles and sustained non-life-threatening injuries.
It is reported that one of the drivers refused medical attention at the scene and was subsequently treated and released. The other motorcyclist was transported to a local hospital for treatment. Upon investigation, troopers gathered enough evidence to initiate a DUI investigation against the first motorcyclist, leading to swift arrest after receiving medical treatment. The second motorcyclist allegedly refused to undergo sobriety testing by the responding trooper and later declined further medical treatment at the hospital. Consequently, the second motorcyclist was arrested for DUI refusal. Both individuals were then taken into custody and transported to jail. Continue reading →
Changes to America’s DUI Threshold
In response to a concerning trend of alcohol-related accidents, several states in the United States are deliberating over the possibility of reducing the legal blood alcohol limit for drivers. This movement gained traction when Hawaii’s state Senate recently passed a bill proposing to lower the limit from the current 0.08 percent to 0.05 percent. This initiative mirrors similar legislative efforts underway in Washington and has already been implemented in Utah. While there is currently no indication that Illinois intends to modify its DUI laws, initiatives in other states could be a sign of changes to come in the DUI landscape. If you are accused of a DUI crime in Illinois, it is important to know your rights, and you should speak to an Illinois DUI defense lawyer.
Changes to America’s DUI Threshold
Allegedly, advocates of the proposed change in Hawaii’s DUI law argue that a lower blood alcohol limit would serve as a crucial preventive measure, potentially saving numerous lives by curbing instances of drunk driving. They draw parallels with countries in Europe and other parts of the world where the lower limit has been successfully implemented. The emphasize that the proposed change could have a profound impact on reducing alcohol-related fatalities, citing statistics indicating that drivers with blood alcohol levels between 0.05 and 0.079 percent are significantly more likely to be involved in fatal crashes than sober drivers.
Reportedly, however, opposition to the proposed legislation has also surfaced. Entities such as Hawaii’s Office of the Public Defender raise concerns that reducing the blood alcohol limit could inadvertently criminalize responsible drinking behavior, leading to the unnecessary penalization of law-abiding citizens. They argue that individuals who consume alcohol in moderation, such as having one or two drinks over the course of an evening, might inadvertently find themselves on the wrong side of the law under the proposed stricter limit. Despite proponents’ assertions about the potential deterrent effect, opponents stress that individuals who cause severe accidents due to intoxication typically surpass the proposed limit by a significant margin and are unlikely to be dissuaded by stricter regulations alone. Continue reading →