You just got stopped for DUI. The officer asked you to perform some field sobriety tests and take the portable breathalyzer. You agreed. After all, you figured you only had a couple of  beers, the result would be well below the limit, and you’d be on your way home.
But to your surprise, the portable breathalyzer came back reading over .08. How could that happen?  Can you challenge the results?
Generally, if the police suspect you of DUI, they may ask you to take field sobriety tests and a portable breathalyzer.  While the portable breathalyzer result cannot be used as…
Continue Reading THE BREATHALYZER: HOW YOU CAN GET A FALSE READING

You were swerving around on the highway trying to get somewhere fast when the accident happened. The other party was seriously injured.  Police came to the scene, and now you are charged with aggravated reckless driving.
What can happen to you? What can you do?
Under Illinois law, you commit reckless driving if you drive any vehicle while willfully or wantonly disregarding the safety of other persons or property.  Your offense is aggravated if it results in  someone else’s great bodily harm, permanent disability or disfigurement.
While reckless driving is a Class A Misdemeanor punishable by up to one year…
Continue Reading WHAT IS AGGRAVATED RECKLESS DRIVING?

The answer is perhaps.
After a DUI arrest, the Illinois Secretary of State automatically suspends your driver’s license on the 45th day after your arrest.  You may be able to  overturn this suspension, however, even if it’s your second or later DUI.
An attorney can file a petition to rescind the suspension with the court.  Your chances of winning  are better if you act promptly.  The state must meet a certain deadline.  If they cannot, you could win your petition automatically.  Note that winning the petition does not mean the end of the DUI.
But let’s say you hired an…
Continue Reading CAN I DRIVE AFTER A SECOND DUI ARREST IN ILLINOIS?

You were driving home after a party. On your way home, you were pulled over. The officer said he smelled alcohol on your breath and asked you to perform some field sobriety tests. You figured you only had a couple of beers, so the tests should be no problem. To your surprise, you performed badly, and now you are charged with DUI.
If the police observe signs of intoxication such as slurred speech, glassy eyes or alcohol on your breath, they can ask you to take field sobriety tests. If you do not pass the tests, the police can ask…
Continue Reading CAN YOU FAIL FIELD SOBRIETY TESTS EVEN IF YOU ARE NOT INTOXICATED?

The answer is no.  Even without a blood or urine test, the state can prove a cannabis DUI based on all the evidence from a police stop.
While marijuana use is largely legal in Illinois, you still cannot drive or be in actual physical control of a vehicle while under its influence to a degree that makes you incapable of driving safely. See 625 ILCS 5/11-501(a)(4).
During a police stop, there will likely be video of any field sobriety tests as well as your other behavior, such as how you talk, how you walk and how you get out of…
Continue Reading DOES THE STATE NEED A CHEMICAL TEST TO PROVE A MARIJUANA DUI?

The answer is possibly yes, but not without difficulty.
If you received a sentence of supervision for DUI, you may drive as soon as your driver’s license suspension is over.  You must first apply to the Secretary of State to end the suspension, which usually means paying a fee.
However, if you were convicted of DUI, you cannot drive unless you apply to the Secretary of State to reinstate your driver’s license.  This is tougher than you think. The Secretary of State is inclined to reject most petitions for reinstatement.
After filing the petition, you must attend a hearing.  An…
Continue Reading CAN I DRIVE AFTER A DUI CONVICTION?

The answer is probably yes.
After a DUI arrest, the Illinois Secretary of State issues the automatic suspension of your driver’s license on the 46th day after your arrest.  If this is your first DUI, the suspension can last six months if you took a breathalyzer or a year if you didn’t.  You have the opportunity to have this suspension overturned.  An attorney can file a petition to overturn the suspension.  Your chances of winning in court are better if you act promptly.  The state has to comply with a certain deadline.  If they are not ready on time, you…
Continue Reading CAN I DRIVE AFTER A FIRST TIME DUI ARREST IN ILLINOIS?

Legally, a police officer cannot pull you over  without justification. This can come in the form of community caretaking, such as when the officer sees you sleeping in your car and checks to see if you are OK. Otherwise, the officer has to have probable cause. Your speeding can open the door to finding evidence of more serious offenses.
In Illinois, speeding more than 26 miles over the limit is  a Class B Misdemeanor, punishable by up to six months in jail. Speeding  35 or more miles over the limit is a Class A Misdemeanor, punishable by up to one…
Continue Reading HOW SPEEDING CAN LEAD TO BIGGER TROUBLE

The answer is yes, depending on why your license is suspended or revoked.
Once your license is revoked or suspended, it’s revoked or suspended until the Secretary of State says it’s not.  A suspension is usually for a set time, while revoking your license has no end date. Either way, you may still have to jump through hoops to get your license back.
If you lose your license because of a DUI, you cannot drive until you apply to get your license back from the Secretary of State even if the term of your suspension is over. You might only…
Continue Reading CAN I GET TOUGHER PENALTIES FOR DUI BECAUSE MY LICENSE IS SUSPENDED?

The answer is no.  Or at least not until you have applied to the Secretary of State to restore your license and paid any fees.  A suspension does not end automatically.
If you are charged with DUI in Illinois, the Secretary of State will suspend your driver’s license on the 46th day after your arrest unless you successfully petition the court to rescind or undo the suspension. If you are caught driving on a suspended license, you could serve a mandatory 10 days in jail or 30 days community service for a first offense. And the penalties for later offenses…
Continue Reading CAN I DRIVE WHEN MY LICENSE SUSPENSION EXPIRES?

The answer is yes, but the information must be reliable and allow the officer to reasonably infer that you were involved in criminal activity.
In determining reliability, a court partly looks at whether the tipster was anonymous or not. Calls made to 911 are not anonymous, and thus more reliable, because the police can identify the caller, even if he or she did not give a name.
While less reliable, an anonymous tip may still provide police with the reasonable suspicion they need to stop you.  The court considers the following factors:
(1) Was there  enough information such as the…
Continue Reading CAN POLICE STOP MY CAR BASED ON A TIP?

The Illinois Supreme Court says it doesn’t.
Before the court’s decision, there had been some confusion on the topic.  One appellate court said that the smell by itself justified a search, while another appellate court said it didn’t.  But the Illinois Supreme Court has ruled: “The laws on cannabis have changed in such a drastic way as to render the smell of burnt cannabis, standing alone, insufficient to provide probable cause for a police officer to search a vehicle without a warrant.” This change in law applies after January 1, 2020.  See People v. Redmond.
The odor of burnt…
Continue Reading DOES THE ODOR OF CANNABIS JUSTIFY A POLICE SEARCH?

You pled guilty to DUI a couple months ago, and now your license is suspended.  Unfortunately, you needed to get someplace fast, and you thought you could get away with driving just this once.  But after you missed a stop sign, the police pulled you over and charged you with driving on a suspended license.
What can happen to you?  What can you do?
Driving on a suspended or revoked license due to an underlying alcohol offense may offer a choice between jail time or community service for the first two offenses.  After that, a jail sentence is mandatory.
The…
Continue Reading WHAT IS DRIVING ON A SUSPENDED LICENSE IN ILLINOIS?