It is axiomatic that the police are not lawfully permitted to institute a traffic stop unless they have reasonable suspicion that a law has been violated. While it is undisputed that reasonable suspicion is the burden of proof that must be met for a traffic stop to be legal, it is…
Although the use of marijuana is legal in many states, drivers are still prohibited from operating a vehicle while impaired, which includes impairment due to marijuana. States across the country have struggled with the issue of how to test whether a person is under the influence of marijuana, with some…
In response to the legalization of marijuana in states throughout the country, some states have considered enacting laws restricting the use or possession of marijuana while in a vehicle, similar to the laws restricting the use of alcohol. For example, the Massachusetts Special Commission on Operating Under the Influence and…
The Maine Supreme Judicial Court recently analyzed a rare defense in a DUI case: the defendant should not be found guilty due to gut fermentation syndrome. The court ultimately rejected the defense based on the defendant’s failure to produce expert testimony, but the court raised concerns regarding the effect such…
The protections afforded by the Fourth Amendment of the United States Constitution prohibit the police from subjecting a person to an unreasonable search or seizure. In DUI cases, the right to be free from unreasonable searches and seizures has been interpreted to prevent the police from subjecting a person to…
The laws regarding what evidence may be admitted at a DUI criminal trial continue to change throughout the country. In many states, including Illinois, the laws allow the State to introduce evidence of a defendant’s refusal to submit to a breath test as evidence of guilt at trial. Lately, however,…
Miranda warnings are heard in almost every television show about the criminal court system, and most people know that if you are placed under arrest the police are obligated to read you warnings regarding your rights. While a failure of an arresting officer to advise a defendant of his or her…
A hotly contested issue in DUI cases throughout the nation is whether a blood draw taken from an unconscious DUI suspect is unconstitutional. While the Appellate Court of Illinois recently held that a warrantless blood draw from an unconscious suspect who is not under arrest violates the suspect’s Fourth Amendment…
One of the many protections afforded by the United States Constitution is the Fourth Amendment right against unreasonable searches and seizures. Pursuant to the Fourth Amendment, a defendant cannot be searched without a warrant absent consent. While there are exceptions to this rule, the state bears the burden of proving…
The grounds for detaining and arresting a driver suspected of driving under the influence vary from state to state. Utah, which arguably has the strictest DUI laws in the country, permits an officer to detain a driver due to reasonable suspicion of a DUI. Utah drivers can also be charged…