During the holiday season, it seems as if more people are arrested for DUI offenses than during other times of the year. Some states report a higher number of DUIs overall, regardless of the time of year. A recent survey ranked which states have the highest and lowest rate of…
Like all criminal defendants, people charged with DUI crimes have the right to a speedy trial. Among other things, the right to a speedy trial aims to prevent the spoliation of potentially exculpatory evidence. Even if critical evidence is lost during a delay in bringing a defendant to trial, though,…
People stopped for suspicion of DUI may attempt to avoid criminal charges or convictions by refusing to submit to blood tests. In many states, including Illinois, however, people can be convicted of DUI crimes despite the lack of evidence regarding their blood alcohol levels, and they may face civil penalties…
In many states, people convicted of certain DUI offenses may be ordered to install ignition interlock devices in their vehicles. Recently, however, groups across the United States have pushed for such devices to be installed in all vehicles, regardless of the criminal history or lack thereof of the driver. For…
In Illinois and many other states, people accused of driving while intoxicated face increased penalties for each subsequent offense. In other words, if they are convicted of a second DUI, they will likely receive a more significant sentence than they did for their first conviction. The issue of whether a…
Over the past few decades, states throughout the country have been legalizing medical and recreational marijuana use. Many states have subsequently altered their DUI laws as well to define the legal limits of marijuana with regard to the operation of motor vehicles on public roads. Determining how to investigate and…
Due to relatively recent rulings by the United States Supreme Court, the police have to obtain a warrant to compel a DUI defendant to submit to a blood test. Nonetheless, law enforcement agents will sometimes try to circumvent the warrant requirement with a compulsory blood draw. While the results of…
In order to convict a defendant of a DUI crime, the state must prove each element of the charged offense beyond a reasonable doubt. As such, if the defense can demonstrate that a measure of doubt exists as to the defendant’s guilt, it should be able to obtain a verdict…
In many states around the country, it is legal for people to use marijuana, either for medical or recreational purposes. Most states have restrictions surrounding marijuana use, though, which usually include prohibitions against driving while impaired. As marijuana use becomes increasingly legal, courts are attempting to navigate the complexities of…
In many states, people convicted of DUI crimes may not only face criminal penalties, but their licenses may be suspended as well. Additionally, in some states, DUI convictions that occur in other jurisdictions can impact a person’s driving privileges. Generally, there is a limit as to how long out-of-state DUI…