Articles Posted in DUI

While most of the United States maintains a per se DUI threshold at a blood-alcohol concentration (BAC) of 0.08, it seems that during each state legislative session, bills are introduced that seek to lower this threshold. For example, legislation was recently introduced in Washington state that aims to lower the DUI threshold to 0.05%. Modeled after a recent change in the DUI threshold in Utah, the motivation behind the bill is to decrease drunk driving and DUI-related fatalities. While the legislation would not impact Illinois drivers, it could be a sign of changes to DUI laws throughout the country in the future.  If you find you are charged with driving under the influence of alcohol in DUI, it is advisable to consult with an Illinois DUI defense lawyer to explore options for safeguarding your interests.

Washington Legislation Seeking to Lower the DUI Threshold

It is reported that a proposed bill in Washington state aims to lower the legal limit for motorists driving under the influence of alcohol from 0.08% to 0.05%. Sponsored by multiple state representatives, the bill is patterned after a similar one in Utah. An initial hearing has been held on the bill, and an executive session is scheduled for the end of January.

Allegedly, if enacted, the bill would take effect in July 2025, after which it would undergo a two-year evaluation. The bill addresses drug-impaired driving as well, and an awareness campaign and additional penalties for alcohol vendors. The bill’s sponsor cited the success of the change in Utah’s DUI threshold, noting that it resulted in a significant drop in DUI fatalities and a reduction in drunk driving, and expressed hopes that the proposed Washington legislation could affect similar changes. In December of 2023, the Washington Traffic Safety Commission recommended seriously considering a 0.05% BAC limit, emphasizing the persistent involvement of impaired driving in fatal crashes. The bill faces prior pushback from numerous sources, however. Continue reading →

It is not uncommon for DUI arrests to increase during the holiday season, in part due to an increased enforcement effort by law enforcement agencies to ensure road safety. For example, the Illinois State Police and Department of Transportation recently announced a holiday-related campaign that aims to reduce drunk driving and to prosecute people who violate Illinois’ drunk driving laws. However, it’s crucial to note that police must have reasonable cause to initiate a vehicle stop. Without a valid reason, any evidence obtained during such stops may be deemed inadmissible in court. If you are faced with DUI charges in Illinois, seeking advice from an experienced Illinois DUI defense attorney is prudent, as they can provide insights into potential defenses and navigate the complexities of DUI laws.

Increased DUI Surveillance During the Holidays

Reportedly, the Illinois Department of Transportation, in collaboration with the Illinois State Police and numerous law enforcement agencies, is actively promoting its annual campaign to attempt to reduce DUI arrests and accidents.  The campaign urges individuals to plan for a safe ride home before engaging in festivities, emphasizing the importance of sober driving during the holiday season. Among other things, the agencies behind the campaign are emphasizing that driving while impaired is illegal and dangerous, regardless of whether it is due to alcohol or drugs.

Allegedly, the initiative to enforce DUI laws is in response to an increase in crash fatalities this year compared to the prior year. During the campaign, police will conduct roadside safety checks and targeted patrols. The campaign advises planning ahead, designating sober drivers, using community sober ride programs, and intervening if friends or family are about to drive impaired. The initiative extends zero tolerance to speeding, distracted driving, and other traffic violations. Continue reading →

Individuals convicted of DUI offenses encounter a range of civil and criminal consequences. While the penalties imposed vary by state, they often include the mandatory installation of ignition interlock devices on their vehicles for repeat offenders. Recently, advocates and legislators have indicated that they intend to introduce bills that would require such devices to be installed in vehicles for first-time offenders as well. If you are faced with DUI charges in Illinois, seeking advice from an experienced Illinois DUI defense attorney is prudent, as they can provide insights into potential defenses and navigate the complexities of DUI laws.

The Proposed New Laws

It is alleged that drunk driving activities and policymakers are actively promoting more stringent anti-DUI laws, with a nonprofit organization at the forefront of efforts to revive a bill that would mandate the installation of anti-DUI devices in the vehicles of offenders. Notably, existing laws do not currently apply to first-time offenders. This initiative comes as part of a broader push for enhanced safety measures, especially concerning impaired driving. One advocate is motivated to effect change due to a personal tragedy; she is working with a local organization to prevent others from enduring similar losses.

It is reported that the advocates anticipate the envisioned technology will be a game-changer, employing smart car features that extend beyond traditional breathalyzer devices. They are optimistic that this advanced technology could signify the “beginning of the end of drunk driving.” Notably, President Biden’s federal infrastructure bill includes provisions that require anti-drunk driving technology in all new cars starting in 2026. The bill has already been signed into law. Continue reading →

It is generally understood that DUI arrests increase around the holiday season. In an effort to crack down on an increase in drunk driving, Arizona enacted a holiday DUI enforcement plan. In Arizona, as in Illinois, the police can only arrest people for DUI crimes in certain situations, however, and if a person is unjustly arrested, they may be able to effectively argue for the dismissal of charges against them. If you were arrested for a DUI offense, it is wise to meet with an Illinois DUI defense attorney to discuss your rights.

Arizona’s Reduction in DUI Arrests

It is reported that the Arizona’s Governor’s Office of Highway Safety initiated the statewide holiday DUI enforcement task force the Tuesday prior to Thanksgiving. The office’s director highlighted that to regular drivers, this campaign would manifest as an increased presence of law enforcement on the roads. During Thanksgiving weekend, there were approximately 50 fewer DUI arrests than the previous year, which the director of the office attributes to the heightened visibility.

He based his information on data from the previous December. He noted that the holiday season typically sees an uptick in intoxicated driving, DUI incidents, and an increase in speeding, especially in the Phoenix Metropolitan area and throughout the state. Continue reading →

In the United States, DUI defendants have multiple rights, including the right to an attorney. When the right arises is not always clear, however, as demonstrated in a recent Kansas case in which the defendant argued his request was unjustly denied. While the Kansas ruling does not have implications in Illinois, it provides insight into how states throughout the country interpret the right. If an Illinois police department arrested you for a DUI crime in Illinois, it is smart to talk to an Illinois DUI defense lawyer as soon as possible.

The Kansas Ruling

It is reported that a Kansas police officer initiated a traffic stop on the defendant, whose vehicle had the wrong license plate. The defendant, exhibiting signs of impairment, expressed a desire to consult an attorney during the stop. Despite this, the officer denied the request and conducted cognitive sobriety tests, leading to the defendant’s arrest for DUI. The defendant contested the evidentiary test results, arguing that the denial of his pretest requests for counsel violated his rights. The district court initially supported the defendant’s position but later reversed, relying on the interpretation that Kansas law limited the right to request counsel to the posttest period. The Kansas Court of Appeals disagreed, asserting that the law was ambiguous and allowed requests for counsel both before and after the DUI test.

Allegedly, the Kansas Supreme Court issued an opinion clarifying the timing of a valid request for an attorney in DUI cases. The court upheld the district court’s decision, emphasizing that Kansas law requires law enforcement officers to inform the driver about their right to counsel only after completing evidentiary tests. The majority opinion held that pretest requests for counsel should not carry over to the posttest period, aligning with the interpretation that the statutory right to post-test counsel requires a specific request after the administration of the evidentiary breath test. Continue reading →

It is common knowledge that people involved in collisions while they are driving under the influence can be charged with DUI crimes. It is less clear in some cases, however, what constitutes a crash and, therefore, grounds for arresting a person for suspicion of DUI. A recent Florida case in which the court ruled that a single car accident highlights this issue and the implications it could have for people charged with DUI crimes. If you are charged with a DUI offense, it is smart to talk to an Illinois DUI defense lawyer to weigh your possible defenses.

Florida Law Regarding DUI Crashes

It is reported that a significant legal battle in Florida has arisen following a single-vehicle accident that could have a far-reaching impact in DUI cases. In September 2019, the defendant was arrested on misdemeanor DUI charges in Tallahassee after his truck flipped into a ditch. Police responded to the accident, finding the defendant in a disoriented state. He was arrested, claiming he had two beers at a pool hall and was sideswiped on his way home. The defendant’s defense argued that neither officer had seen him driving the vehicle, making the warrantless misdemeanor arrest invalid since Florida law mandates that a crime must occur in the presence of police for such arrests.

Allegedly, a crash is an exception to this rule. As such, the primary issue became whether the incident fit the legal definition of a crash. A three-judge panel in Florida’s 1st District Court of Appeals unanimously ruled that the defendant’s accident was indeed a crash. They concluded that the collision with other objects, damage to the road and ditch, and a damaged headlight met the definition of a crash. This ruling has significant implications, as it may impact future DUI cases involving crashes and the definition of crashes under the law. Continue reading →