Articles Posted in DUI

In order to stop a vehicle, a police officer must have reasonable suspicion that the driver is committing a violation of Illinois law. The Fourth Amendment of the United States Constitution requires that law enforcement have specific and articulable facts that a crime has been committed, or is about to be committed, to justify the…

A Portable Breath Test (PBT) is commonly used by police officers in the field to establish probable cause to arrest a driver for DUI. Recent Illinois caselaw says that a driver must have a choice to take or refuse a PBT. The driver must provide some form of consent prior to taking a PBT. Although…

Governor Rauner has signed into law a change to the Illinois DUI law involving driving while under the influence of cannabis (marijuana). Until this change, it was illegal to drive with any amount of cannabis in a person’s system. It did not make any difference if the person was under the influence or impaired by…

On August 26, 2015, Public Act 099-0467, eliminating statutory hard times, was signed into law by Governor Rauner. The legislation was sponsored by Rep. John D’Amico and will become effective January 1, 2016. The legislation eliminates all ‘hard times’ under current law. Simply put, these are statutory periods during which a driver could not obtain…

A Chicago Tribune investigation revealed that federally backed DUI patrols and sobriety checkpoints in Illinois usually result in ticketing drivers for minor infractions rather than drunk driving. Of the 270,000 citations issued across the state through these patrols, 93% were for less serious offenses than DUI. Records from 2008 to 2013 reveal that ten police…

For the last several years, Larry Davis has been engaged in negotiations on behalf of the Illinois State Bar Association (‘ISBA’) and the Illinois Lawyers and Substance Abuse Counselors Association (‘ILSACA’) with the Office of the Secretary of State (‘SOS’) regarding several proposed changes to the Illinois driver licensing laws as well changes in the…

An Aurora man was arrested on suspicion of drunk driving after allegedly threatening to fight a customer in the McDonald’s drive-thru line. Just after midnight on Monday, Aurora police were called to a home after reports that someone was playing music too loudly in a maroon Jeep. When police arrived, they found Daniel Garibay sitting…

A Tribune investigation revealed that the driver’s licenses of thousands of drunk drivers have not been suspended because the arrests of these drivers are not being logged into state computers. While state officials blame the police for failing to send their reports to the Illinois Secretary of State, the police departments say that they put…

According to the Alliance Against Intoxicated Motorists (“AAIM”), a non-profit citizens action group that has tracked Illinois DUI arrests since 1982, Lake County made the most DUI arrests in the state in 2013. The 233 officers averaged 1.49 arrests per officer, bringing the total number of arrests to 348. Right behind Lake County was Cook…

A Florida attorney has a recommendation for dealing with DUI checkpoints. He says that individuals should place their license and registration up to their window with a flyer saying that they have no comment, will not permit a search, and want a lawyer. Warren Redlich and an associate, Jeff Gray, have created a website, posting…