Subject Index Driving Under the Influence

Evaluating the Illinois DUI Evaluation Tool

By Todd Goebel
January
2023
Article
, Page 22
Ensuring that DUI offenders are properly evaluated by a counselor and that appropriate risk levels are determined.
2 comments (Most recent February 28, 2023)

Procedural hearing processes changed for out-of-state persons subject to lifetime driving restrictions

February
2022
Illinois Law Update
, Page 14
The secretary of state adopted amendments to Procedures and Standards for formal and informal administrative reinstatement of driving privileges hearings.

Blood-alcohol test allowed despite defendant not being under arrest at time of consent

December
2020
Illinois Law Update
, Page 16
On Sept. 4, 2020, the Second District of the Illinois Appellate Court reversed a trial court’s holding that barred the state from introducing the results of consensual blood and urine tests because the defendant was not under arrest at the time of the tests.

Restricted-driving-permit holder cannot lose permit based solely on alcohol reads

November
2020
Illinois Law Update
, Page 18
The Secretary of State adopted amendments to the Part titled Procedures and Standards and Cancellation and the Part titled Revocation or Suspension of Licenses or Permits, providing protections for permittees holding restricted driving permits with breath alcohol ignition interlock devices (BAIID).

Medical services received postaccident lead to aggravated DUI 

August
2020
Illinois Law Update
, Page 14
On May 20, 2020, the Third District of the Illinois Appellate Court affirmed the judgment of the Rock Island County Circuit Court in holding that blood drawn for medical treatment could be admitted as evidence supporting a DUI conviction.

Should’ve Gotten a Warrant

By Pete Sherman
January
2020
LawPulse
, Page 12
Illinois Supreme Court favors warrantless DUI testing on a case-by-case basis, but not this time.

Ads for Breath Alcohol Ignition Interlock Devices must contain disclosures

December
2018
Illinois Law Update
, Page 14
The Secretary of State added a section to the part on Procedures and Standards requiring sellers of Breath Alcohol Ignition Interlock Devices (BAIID) to disclose to their customers in advertisements and mailers that they are not agents of the state (92 Ill. Adm. Code 1001 (effective Sept. 5, 2018)).

Reasonable Withdrawal

By Rhys Saunders
November
2018
LawPulse
, Page 12
Illinois Supreme Court rules in favor of police in case involving suspension of diabetic man's driver's license after a DUI drug arrest.

Blood-Alcohol Evidence and ‘Driving While Impaired’ in Illinois Civil Cases

By Patrick C. Dowd & Seth Howard
May
2018
Article
, Page 38
Suppose you have evidence of a driver's high BAC but no corroborating evidence of impairment. Does the BAC evidence alone authorize an expert to testify that the driver was probably impaired? This article reviews the confusing state of Illinois law.

Appellate court overturns provision authorizing warrantless blood draws

By Matthew Hector
March
2018
LawPulse
, Page 18
The Illinois Appellate Court overturned a statutory provision allowing warrantless forced blood draws of any driver who causes death or injury, mandating a case-by-case analysis instead.

Revised license sanctions for cannabis-related offenses

February
2018
Illinois Law Update
, Page 18
The Secretary of State amended the Part titled Cancellation, Revocation, or Suspension of Licenses or Permits (92 Ill. Adm. Code 1040 (eff. Oct. 30, 2017)) to add new offenses and clarify penalties. The new amendments implement Public Acts 99-697 and 99-68.

From the Discussions - DUI with kids under 16

July
2017
Article
, Page 49
Q. Where the statute says a DUI with a child under 16-years-old in the vehicle is "subject to" six months of imprisonment, is that mandatory or discretionary?

From the Discussions - Is ‘fleeing and eluding’ probable cause for a DUI stop?

June
2017
Article
, Page 25
Q. Can 'fleeing and eluding' arrest provide probable cause for an otherwise unsupported DUI stop?

Secretary to require more from providers who seek payment from Indigent BAIID Fund

April
2017
Illinois Law Update
, Page 22
The Secretary of State adopted amendments to the procedures and standards providers of Breath Alcohol Ignition Interlock Devices ("BAIID") must follow to receive state funding for their services.

Proposed rule to allow prior DUI conviction to be admitted in new DUI proceedings

February
2017
Illinois Law Update
, Page 20
Under proposed amendments to the Code of Criminal Procedure, a defendant who is accused of driving under the influence or aggravated driving under the influence, and refused chemical testing requested by a law enforcement officer, could have their previous DUI or aggravated driving under the influence conviction admitted into evidence.

Defendant must have choice to take or refuse breathalyzer

October
2016
Illinois Law Update
, Page 18
The Second District Appellate Court suppressed defendant's Portable Breath Test ("PBT") results because the officer did not present the defendant with a choice to take or refuse the PBT.

DUI and Blood Alcohol Tests after Birchfield v. North Dakota

By David J. Robinson & Tess Schwartz
October
2016
Article
, Page 28
Though Birchfield will have little impact on most DUI cases in Illinois, its real importance for defense lawyers is that it requires both warrantless BAC breath tests and blood-draws to be performed incident to arrest.

From the Newsletters - Yes, you can blow less than .08 and be convicted of DUI

June
2016
Article
, Page 46
Credible police testimony that you were impaired can make the case against you.

Keeping the Road Safe and the Law Sane

By Ed Finkel
October
2015
Cover Story
, Page 24
The ISBA Traffic Law Section had one of its best years ever this legislative session, helping advance laws that remove harsh and counterproductive DUI restrictions while keeping (and sometimes boosting) appropriate punishments.
4 comments (Most recent September 24, 2015)

New blood alcohol testing procedures

October
2015
Illinois Law Update
, Page 18
The new rulemaking amends blood alcohol testing procedures and requirements for the Department of State Police. 20 Ill. Adm. Code (eff. July 29, 2015).

Missing Video Evidence in DUI Cases: The Post-Kladis Evolution

By Sean A. Brown
August
2015
Article
, Page 28
You file for discovery of the police video of your client's DUI arrest only to find that it was erased after you requested it. Will the court grant your motion to bar testimony about what was on it?

New breath alcohol ignition interlock device requirements for two-time DUI offenders

August
2015
Illinois Law Update
, Page 16
On May 26, 2015, a bill amending the Illinois Vehicle Code ("IVC") passed both houses of the Illinois General Assembly. The bill focuses on the Breath Alcohol Ignition Interlock Device ("BAIID") provisions of the IVC.

Police officer’s noncompliance with section 30(c) of the State Police Act does not warrant evidentiary exclusion

August
2015
Illinois Law Update
, Page 16
On June 5, 2015, the Second District of the Appellate Court held that a police officer's failure to comply with section 30(c) of the State Police Act does not trigger the evidentiary exclusion of the officer's testimony at trial.

Bill would decriminalize pot possession, tie DUI to impairment

By Matthew Hector
June
2015
LawPulse
, Page 10
HB 218 would lower the penalty for possessing small amounts of marijuana to a fine and change DUI law so that drivers could no longer be charged for registering only trace amounts of cannabis.

Correspondence from Our Readers

March
2015
Column
, Page 6
The origin of "extraordinary circumstances" in DUI cases.

When DUI Causes Death: What ‘Extraordinary Circumstances’ Justify Probation?

By Anthony W. Vaupel
February
2015
Article
, Page 36
Illinois law requires that defendants convicted of aggravated DUI resulting in death be sentenced to prison unless the court finds "extraordinary circumstances." But what does that phrase mean?

What’s New in Traffic Law for 2014

By Larry A. Davis & Thomas C. Speedie
November
2014
Article
, Page 532
Are you a lawyer who represents drivers, or maybe one who gets behind the wheel from time to time? Here are nine important traffic law developments.
1 comment (Most recent November 3, 2014)

Bill would allow restricted driving permits after four DUI convictions

By Janan Hanna
March
2014
LawPulse
, Page 114
The proposed permit would allow four-time offenders to drive under limited circumstances after their vehicles are equipped with breathalyzer ignition devices.
2 comments (Most recent March 3, 2014)

The last word on People v Elliott is ‘rescind’

By Janan Hanna
March
2014
LawPulse
, Page 114
A man's conviction for driving on a suspended license stands even though the underlying suspension is rescinded, the Illinois Supreme Court rules, after thoroughly analyzing the meaning of "rescind."

The Medical Cannabis Act and Illinois DUI Law

By Larry A. Davis
March
2014
Article
, Page 128
The Medical Cannabis Act makes important changes to DUI law, some of which are likely to inspire litigation.

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