Bob Avellini, Chicago Bears quarterback from 1975 to 1984, was sentenced last month to 18 months in prison for an aggravated DUI. Avellini agreed to plead guilty in exchange for the sentence. Had he not taken the plea, Avellini could have been sentenced to up to seven years for the felony DUI. DuPage…
The Fourth Amendment protects citizens from unreasonable searches and seizures by the government. Searches and seizures executed without a warrant are presumed unreasonable unless there is an established exception. The Supreme Court has found the act of drawing an individual’s blood (such as in a DUI investigation) to be a form of a…
Illinois recently updated its DUI law in response to its new medical marijuana law, which became effective in January of 2014. Under the new law, an authorized medical marijuana user can legally use marijuana and operate a motor vehicle as long as he or she is not impaired while driving.…
The Wisconsin State Bar Association discussed an appellate court case from that state regarding whether someone could be guilty of Driving Under the Influence (DUI) on a bicycle. The bicycle in question could be self-propelled by an electric motor or could be pedaled without the assist, or could operate with…
A news media outlet filed a report concerning a DUI offense that occurred in Illinois. The report indicates that 11, resulting in the death of a passenger and injuries to other passengers. The driver is charged with what is known as “aggravated DUI”. Under Illinois law, aggravated DUI is a…
Those who are arrested for DUI in Illinois must understand how long the look back period will be. As is the case with much of the law governing Driving Under the Influence, the answer is not clear because it is based upon political compromises and court interpretations of sometimes ambiguous…
The United States Supreme Court has the final word with regard to the interpretation of the United States Constitution, including the Fourth Amendment. The Fourth Amendment prohibits the Government from engaging in unreasonable searches and seizures. It requires, subject to a growing list of exceptions, the Government to obtain a…
If a motorist is suspected of Driving Under the Influence (DUI), law enforcement will request breath and or blood tests. There are two types of breath tests that must be distinguished. Before police can make an arrest for DUI, they must have probable cause to believe the driver has committed…
In Illinois, a first time offense for Driving Under the Influence (DUI) may result in a dismissal, a conviction or court supervision. In a court supervision scenario, the offender pleads guilty to the DUI charge. (730 ILCS 5/5-6-3.1) In return, the judge imposes certain conditions upon the driver that he…
New York state has implemented legislation that will require police to demand blood-alcohol tests in any case in which there is an accident that results in death or serious personal injury. At present New York law authorizes such testing only if police suspect the driver is guilty of DUI (Driving…