Subject Index Driving Under the Influence

The plain language of section 2-118.1(b) of the Vehicle Code suggests alternatives

June
2009
Illinois Law Update
, Page 284
On March 31, 2009, the Illinois Appellate Court, First District, reversed and remanded the judgment of the Circuit Court of Cook County rescinding the statutory summary suspension of the defendant's driver's license. 

Subpoena for medical records

January
2009
Illinois Law Update
, Page 16
On October 31, 2008, the Illinois Appellate Court, Fourth District, reversed the judgment of the Circuit Court of Logan County denying the state's request for a subpoena duces tecum, seeking release of a defendant's medical records for the day the defendant was charged with driving under the influence (DUI).

DUI Law: The BAIID Era Begins

By Helen W. Gunnarsson
December
2008
Cover Story
, Page 616
Goodbye JDP, hello "monitoring device driving permit." Here's a look at the sweeping new DUI law that takes effect January 1.

Aggravated driving under the influence is a Class 2 felony

November
2008
Illinois Law Update
, Page 554
On September 8, 2008, the Illinois Appellate Court, Second District, affirmed the judgment of the Circuit Court of Lake County finding the defendant guilty of aggravated driving under the influence of alcohol, and sentencing the defendant to three years in prison.

HGN tests meet the Frye standard

By Helen W. Gunnarsson
November
2008
LawPulse
, Page 548
So rules the Tenth Circuit court in the first-ever Illinois Frye hearing on the admissibility of HGN tests as an indicator of drunk driving - assuming various requirements are met.  

DUI changes effective June 1

By Helen W. Gunnarsson
June
2008
LawPulse
, Page 278
Thanks to a law signed last year, a crazy quilt of DUI laws taking effect June 1 isn't so crazy. But ambiguities remain.

Verbal refusal does not control where defendant physically complies with chemical test

May
2008
Illinois Law Update
, Page 236
On March 7, 2008, the Illinois Appellate Court, Second District, affirmed the judgment of the Circuit Court of De Kalb County finding that the defendant had not refused to submit to testing to determine the content of alcohol or other drugs in his blood.

Adult DUI offenders who transport minors - what is the law?

By Helen W. Gunnarsson
February
2008
LawPulse
, Page 66
A recent Journal article inspires a debate about whether the statute it discussed is still in effect and a call for the legislature to clear up the confusion.

How to Admit or Exclude PBT Results

By Eric R. Waltmire
February
2008
Article
, Page 92
Police sometimes administer preliminary breath tests to drivers stopped on suspicion of DUI. When and how are the results admissible in a hearing? Here's a look at the cases.

Frye-ing the HGN test

By Helen W. Gunnarsson
November
2007
LawPulse
, Page 570
The Illinois Supreme Court rules that a Frye hearing must be held to decide whether the horizontal gaze nystagmus test reliably indicates alcohol impairment.

No Supervision for Adult DUI Offenders Who Transport Minors?

By Ralph Strathmann
November
2007
Article
, Page 596
A statute requiring prison time instead of court supervision for adult first-time DUI offenders who were transporting minors conflicts with existing law, this author argues.

New DUI bill replaces JDPs with “monitoring device driving permits”

By Helen W. Gunnarsson
August
2007
LawPulse
, Page 398
A major overhaul of DUI law doubles the summary-suspension period and requires offenders to submit to alcohol monitoring devices in return for driving permits. Critics charge that it will produce unintended consequences, including fewer guilty pleas.

Challenging Summary Suspension When A Defendant’s License is Suspended, Revoked, or Expired

By Hon. Charles P. Burns & Jeff Chan
May
2007
Article
, Page 262
Do these defendants have standing to challenge a summary suspension?

Hearing to rescind a suspended driver’s license must occur within 30 days of filing

March
2007
Illinois Law Update
, Page 124
On December 21, 2006, the Illinois Supreme Court reversed the decisions of the Illinois Appellate Court, Second District, and the Circuit Court of Kane County, and held the 30-day time limit within which a circuit court must hold a hearing on a petition to rescind the statutory suspension of a driver's license begins when the petition is filed with the circuit court, not when the state is served with the petition.

Cross-examination and impeachment techniques for DUI defense attorneys

By Helen W. Gunnarsson
December
2006
LawPulse
, Page 642
You can gather plenty of evidence even without the benefit of discovery, a pair of leading DUI defense attorneys say.

Correspondence from Our Readers

November
2006
Column
, Page 574
Beyond "deed and green";CDL/DUI update.

Bohner redux: insured properly denied coverage for “illegal” act, 7CA rules

By Helen W. Gunnarsson
April
2006
LawPulse
, Page 166
Like the Illinois Appellate Court, the federal seventh circuit ruled recently that an insurance company properly denied coverage to an under-the-influence driver based on the policy's exclusion for "illegal" acts.

Court Supervision in Traffic Cases: New Strategies for Amended Laws

By Theodore J. Harvatin
April
2006
Article
, Page 192
What impact does supervision really have on your clients, especially commercial drivers? Make sure you're up to date.

Criminal-acts exclusion bars insurance recovery to DUI driver

By Helen W. Gunnarsson
March
2006
LawPulse
, Page 110
The court said a lesser traffic offense wouldn't trigger the auto-gap-policy exclusion. But will the ruling's logic be applied to other insurance policies with similar language? 

Tough New Dui Laws Take Effect in ’06

By George A.M. Heroux
December
2005
Article
, Page 636
These new laws, effective January 1, take special aim at drivers responsible for fatalities.

Crawford, Breathalyzer Tests, and the Public-Records Hearsay Exception

By Hon. William J. Haddad
August
2005
Article
, Page 412
May breathalyzer logbook entries still be introduced in Illinois under the public-records exception?

Crawford v Washington and the Limits on Admitting Hearsay in Criminal Trials

By John H. Gleason
August
2005
Article
, Page 408
Crawford limits a judge's discretion to admit hearsay against criminal defendants. Here's a discussion of the case's impact and 
unanswered questions.

No statutory right to refuse chemical testing for DUI

May
2005
Illinois Law Update
, Page 232
On February 3, 2005, the Illinois Supreme Court reversed the decisions of both the appellate and circuit courts, which granted the defendant's motion to suppress the results of his blood and urine tests. 

DUI: the acid-reflux defense

By Helen W. Gunnarsson
November
2004
LawPulse
, Page 562
The high court holds that defendants with acid-reflux disease can raise it as a defense if it causes them to regurgitate during breath-alcohol testing.

“No” to compulsory DUI blood tests

By Helen W. Gunnarsson
April
2004
LawPulse
, Page 170
A second district case holds that nonconsensual, non-treatment-related blood and urine tests are inadmissible in DUI trials.

Secretary of state tightens vehicle interlock regulations

June
2003
Illinois Law Update
, Page 280
The Illinois Secretary of State's Office recently adopted amendments to 92 Ill Adm Code 1001.

Miranda, Fifth Amendment don’t apply in summary-suspension hearings

By Helen W. Gunnarsson
February
2003
LawPulse
, Page 58
Three Illinois Appellate Court districts have ruled that summary-suspension hearings are civil proceedings to which Miranda and the privilege against self-incrimination do not apply.

Conviction of defendant for DUI after stop at roadblock set up to gather information about hit and run accident reversed because police did not have individualized suspicion to stop defendant

January
2003
Illinois Law Update
, Page 14
On October 18, 2002, the Illinois Supreme Court held that the defendant's Fourth Amendment rights were violated when the police stopped him at a roadblock created to gather information about a hit and run accident .

Eligibility for restricted driving permits and minimum sentence requirements for DUI convictions P.A. 92-0418

June
2002
Illinois Law Update
, Page 288
On August 17, 2001, Gov. Ryan signed House Bill 2265, which amended the Illinois Vehicle Code and the Unified Code of Corrections concerning the eligibility for restricted driving permits and minimum sentence requirements for drivers convicted of DUI offenses.

Every Lawyer’s Guide to DUI

By Donald J. Ramsell
June
2002
Article
, Page 311
An overview for lawyers who don't practice DUI law.

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