Illinois DUI Lawyer Blawg

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 →

As attitudes and laws regarding marijuana use evolve across the United States, states like Illinois that have legalized recreational and medical cannabis must update their DUI laws accordingly. With marijuana impairment more difficult to evaluate than alcohol impairment, people accused of driving under the influence of marijuana face many uncertainties. Maryland, which legalized the recreational use of marijuana on July 1^st, recently took a look at how such laws impact DUI crimes in Maryland and nationwide. If you find yourself charged with a marijuana DUI in Illinois, it is critical to work with an experienced attorney to protect your rights.

The Impact of Recent Changes in Maryland’s Marijuana Laws on DUI Crimes

It is alleged that a recent study by the national non-profit Drug-Free America Foundation suggests that cannabis-related DUIs are much higher in states where marijuana is legal compared to states where it remains illegal. Specifically, the study found that cannabis-related DUIs were 32% higher in states with legalized marijuana. This caused concern in Maryland, which recently fully legalized recreational marijuana use.

It is reported that unlike DUI laws relating to alcohol use, Maryland does not have a legal limit for how much THC can be present to constitute a DUI. However, drivers can still be charged if police observe signs of impaired driving and find evidence of marijuana use. Impairment from cannabis can be unpredictable and delayed compared to alcohol impairment. People often underestimate how impaired they are after using marijuana. Some drivers do not seem too worried yet, believing that the same people who used marijuana illegally will simply continue to do so now that it is legal. Maryland police departments have reported slight increases in suspected cannabis DUIs in July after legalization took effect. Continue reading →

In most states, people convicted of DUI offenses face a number of civil and criminal penalties. Among other things, many states require people found guilty of DUI crimes to install ignition interlock devices on their cars. Recently, the Alabama legislature introduced a bill that aimed to remove the requirement. While the legislation ultimately stalled, it could be a sign of changes to come in Alabama and in other states. If you are accused of a DUI offense in Illinois, it is wise to talk to an Illinois DUI defense attorney about what defenses you may be able to assert.

The Proposed Alabama Law

It is reported that SB72, a bill introduced in the Alabama statehouse, was posed to change how the state penalized people convicted of DUI crimes. The bill focuses on ignition interlock devices, which prevent a car from starting if the driver is impaired. Currently, those charged with drunk driving participating in a pretrial diversion program are required to have the device installed in their vehicle. The existing law will sunset in July, however, and the proposed bill would end the requirement entirely after that.

In the majority of the United States, the threshold for a per se DUI offense is a BAC of .08. In Utah, however, the legal limit for a per se DUI offense is a BAC of .05. The reasoning behind the movement to reduce the limit was that doing so would reduce DUI fatalities. Recently, a Utah report evaluated whether the lower limit had resulted in the anticipated outcome, ultimately finding it did not. It is possible that the report will have a chilling effect on efforts to reduce the DUI threshold in Illinois and in other states. If you are charged with a per se DUI crime in Illinois, it is smart to meet with an Illinois DUI defense lawyer about your options for protecting your interests.

Findings Regarding Utah’s Lower Per Se DUI Threshold

It is reported that Utah’s .05 DUI law was passed in 2017. It became effective at the end of 2018. After four years of data analysis, it appears that the law has not produced the expected results, as reported by a Utah newspaper. Specifically, the report explained that in the first year of implementation, there was a notable decrease in DUI-related deaths. In the subsequent three years. however, the number of DUI deaths increased significantly, reaching the highest levels in recent years.

Reportedly, the article asserted, the law’s focus on targeting individuals with blood alcohol levels just above the legal limit (0.05) may not be effective in reducing accidents, as the real problem lies with individuals who have much higher blood alcohol levels, such as those above 0.1 or even 0.15. According to the report, efforts should be directed towards curbing the actions of these higher-BAC individuals to improve road safety rather than focusing solely on those just above the legal limit. Overall, the report found that the purported benefits of the .05 DUI law were overemphasized and that a different approach is needed to address the root cause of DUI-related accidents effectively. Continue reading →