After failing field sobriety tests, an Illinois defendant was arrested for DUI. At the police station, an officer read the defendant the required admonitions, and the defendant submitted to a breathalyzer test, showing his blood alcohol content was within the legal limit. Then, the officer requested that the defendant submit…
The Fourth Amendment protects U.S. residents from unreasonable governmental searches and seizures. This fall, the Illinois Supreme Court was tasked with deciding whether an alleged hospital blood draw violated an Illinois DUI defendant’s constitutional rights. The defendant was charged with DUI following a motorcycle accident. He filed a motion to…
The Fifth Amendment to the United States Constitution protects Illinois DUI defendants and those in other states from self-incrimination. The Georgia Constitution’s protection is broader. It applies to more than just testimony, also applying to coercive acts that generate incriminating evidence. This fall, the Georgia Supreme Court had to decide…
This summer, the Florida Supreme Court heard arguments regarding whether the state has sufficient rules for measuring the blood-alcohol levels for DUI suspects. The case arose after a Palm Beach millionaire was convicted of DUI manslaughter following a 2010 collision. His attorneys challenged the Florida Department of Law Enforcement (“FDLE“) rules…
This fall, the Massachusetts Supreme Judicial Court considered whether field sobriety tests (FSTs) could be admitted as evidence when a police officer suspects the driver has been driving while under the influence of marijuana. In determining whether a suspect is driving under the influence of alcohol, police typically administer three…
The Washington Supreme Court recently considered whether a probationer convicted of DUI may legally be required to submit to a random urine test for drugs and alcohol. In an en banc opinion, the state high court affirmed the intermediate court’s holding that since the urine test was ordered to track…
In a case of interest to Illinois DUI lawyers, the founder of the International Polo Club raised 13 issues before Florida’s Fourth District Court of Appeal regarding his DUI manslaughter conviction. The appeals court affirmed, addressing only three of the issues raised by Goodman: (1) whether the State prematurely released…
When a motorist drives on a road in Pennsylvania, he or she is “deemed to have given consent” to chemical testing to determine whether he or she is driving under the influence of alcohol or a controlled substance (“DUI”), provided that a police officer first develops “reasonable grounds” to suspect…
A New Jersey resident allegedly contracted MRSA after being forced to take a urine sample following her 2012 DUI arrest. She recently received $140,000 to settle her ensuing lawsuit against Ocean City, two police officers, Shore Medical Center, and two nurses. The case alleged illegal search and seizure, due process…
The Hawaii Supreme Court recently addressed the right of a DUI suspect to communicate and consult with counsel under Hawaii law. Following his DUI arrest, the defendant was affirmatively advised that he was not entitled to an attorney before submitting to any tests to determine his breath or blood alcohol…