Articles Posted in DUI

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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 →

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 →

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 →

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 →

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 →

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 →

In most states, it is unlawful for a person to operate a vehicle while under the influence of alcohol or any other intoxicating substance. While DUI arrests typically follow an officer stopping a person for suspicion of intoxication or a traffic offense, in some instances, the DUI suspect will no longer be in the vehicle when the police arrive on the scene. In such instances, the police will have to rely on circumstantial evidence to determine if an arrest is warranted, which can be complicated if one person states they were driving to cover up a crime. This was demonstrated recently in Minnesota when twin sisters allegedly set out to deceive police following a fatal DUI crash. If you are accused of a DUI offense, you should meet with an Illinois DUI defense lawyer to discuss your potential defenses.

The Minnesota Incident

It is reported that following a tragic collision between a vehicle and a horse-drawn buggy in Spring Valley, Minnesota, that killed an Amish woman and two children, law enforcement launched a thorough investigation into the incident. Suspicions first arose when inconsistencies emerged in the confession of a woman who said she was the driver of the vehicle; eyewitness testimonies cast further doubt on her claim.

It is alleged that dashcam footage revealed two blond women at the crash site, suggesting the presence of both the purported driver and her twin sister. Furthermore, a recording from a digital device left in a deputy’s truck captured incriminating dialogue between the sisters, hinting at their involvement in a deceptive scheme. Subsequent analysis of the sister’s cellphone provided damning evidence, including her location at the scene of the crash and internet searches related to the aftermath of the collision. Continue reading →

St. Patrick’s day is a holiday that many people across the country associate with drinking. As such, it is not surprising that there is typically an increase in DUI arrests in the month of March when many cities hold St. Patrick’s Day parades and festivities. Many cities and states increase DUI checkpoints during those times, as evidenced by a recent announcement in Pennsylvania. While DUI checkpoints are lawful in most states, they must be conducted in a specific manner; otherwise, they may be unconstitutional. If you are charged with a DUI crime, it is important to talk to

an Illinois DUI defense lawyer about your rights.

Increased DUI Checkpoints in Pennsylvania for St. Patrick’s Day

It is reported that in the City of Pittston, Pennsylvania, the Mayor recently emphasized zero tolerance for disobeying the law, particularly regarding DUI, during a safe driving press event leading up to the St. Patrick’s Day parades. He announced extra officers would be on duty for parade day to ensure safety. Officials from various organizations gathered to discuss impaired driving enforcement for the upcoming parades, highlighting the importance of designated drivers and safe transportation.

Allegedly, a representative of the PA DUI Association also stressed the need for responsible choices to avoid the consequences of impaired driving, while an attorney from the Luzerne County District Attorney’s office announced extra DUI checkpoints for the weekends of the parades. Continue reading →