You thought you were driving just fine, even after a few beers, but then you got into a car crash. You were injured and taken to the hospital. Police asked if they could test your blood for alcohol, and you agreed. The test came back over the legal limit, and now you are charged with DUI.
Can you still defend your case?
The answer in certain circumstances is yes. Depending on how your blood was drawn and what happened to the sample, you may be able to get the results kept out of evidence.
When you consent to a blood…
Continue Reading CAN YOU FIGHT A DUI BLOOD TEST?

The answer is yes.  An officer may perform an inventory search after you have been arrested and the police have taken your car.  The purpose of the search is to catalog the items in your car. An officer may also search your car if he or she has probable cause.
For an inventory search to be legal:

• The original impoundment of the vehicle must be lawful;
• The purpose of the inventory search must be to protect the owner’s property, to protect the police from claims of lost, stolen or vandalized property and to guard the police from danger; and
• The

…
Continue Reading CAN AN OFFICER SEARCH MY CAR WITHOUT A WARRANT?

You left your child in the car on a relatively hot day while you went to the store.  It took a long time to check out at the counter.  Nonetheless, you were surprised to find the police waiting at your car.
Now you are charged with endangering the life or health of a child.  What does that mean? What can you do?
You commit endangering the life or health of a child when you knowingly:

• Cause or permit the life or health of a child under the age of 18 to be endangered; or

• Cause or permit a child to

…
Continue Reading WHAT IS ENDANGERING A CHILD IN ILLINOIS?

A bill to reduce the alcohol limit for DUI from .08 to .05 is currently under consideration in the Illinois House of Representatives.
So far, the bill is in its early stages. As of June 9, 2026, the bill had had a first reading and been assigned to the rules committee. The next step is for it to go to a substantive committee. See https://www.ilga.gov/Legislation/BillStatus?GAID=18&DocNum=4333&DocTypeID=HB&LegId=164856&SessionID=114 for most recent bill status.
According to Frank Harris, the director of State Government Affairs for Mothers Against Drunk Driving (MADD), a change in the law could save 44 lives per year. See Illinois considers …
Continue Reading ILLINOIS MAY REDUCE DUI ALCOHOL LIMIT TO .05

You were leaving an after-work party, when you missed a stop sign and slammed into another car. Both you and the other driver were taken to the hospital. At the hospital, an officer asked the nurse to draw your blood for DUI testing. Your blood then tested over the .08 limit.
Can the police draw your blood if you did not consent? What can you do?
Under Illinois DUI law, you have the right to refuse chemical testing except under certain circumstances. Exercising your right to refuse does come with penalties: the length of time your driver’s license is suspended…
Continue Reading CAN POLICE TAKE YOUR BLOOD FOR DUI TESTING WITHOUT YOUR CONSENT?

As a veteran or service member of the United States Armed Forces, you may qualify for a special program to help deal with your criminal or DUI charges.
The Cook County Veterans Treatment Court program aims to prevent veterans from returning to the criminal justice system and to improve their quality of life. The program recognizes that those who have served their country may suffer from post-traumatic stress or other traumas or depression. (The Lake County Circuit Court operates a similar program.)
In order to participate, you must obtain court approval. The State’s Attorney’s office reviews your case for eligibility.
Continue Reading HOW VETERANS TREATMENT COURT CAN HELP YOU

Special rules apply to drinking and driving if you are under age 21. Unlike an older driver, the Secretary of State can suspend your license even if you have only a trace amount of alcohol in your system.
The Zero Tolerance law applies if you are driving or in physical control of a vehicle.  Therefore, sitting in the front seat with the key in the ignition, and a beer in your hand can be enough to violate the law.
A violation results in a 3-month suspension for a first offense, and a one-year suspension for a second offense.  These penalties…
Continue Reading WHAT CAN HAPPEN IN AN UNDER AGE 21 DUI?

The answer is yes. But there may be a way out.
In Illinois, a second DUI carries a mandatory minimum of five days in jail OR 240 hours of community service, along with other penalties. A court is more likely to sentence you to jail if you had a high breathalyzer or there were other aggravating factors such as children in the car.  And some judges are stricter than others.
If you are charged with a second-time or greater DUI, contact an experienced attorney immediately.  An attorney can present your case in its  most favorable light.  An attorney can review…
Continue Reading CAN I GO TO JAIL ON A SECOND-TIME DUI?

You had several drinks at a party, then drove yourself and some friends home. On the way, you hit a light pole. You were walking home when police stopped you. You told them you’d had too much to drink and shouldn’t have driven your car. Now you are arrested for DUI.
Is your confession enough to convict you?
While we always tell clients not to make statements to third parties and especially not the police, a confession, by itself, is not enough to convict you in Illinois. The problem arises when your confession is corroborated by other evidence.
To convict…
Continue Reading Is Confessing to DUI Enough to Convict You?

You would never drink and drive. You are always very careful about that. But the doctor just gave you a new prescription, and nobody warned you that you could become sleepy behind the wheel of a car. Next thing you know, a police officer noticed your erratic driving, and now you are charged with DUI.
What can happen to you, and what can you do?
It may come as a surprise, but the fact that you were on a prescription is no defense to  DUI. Illinois law prohibits driving under the influence of any drug that renders a person incapable…
Continue Reading Driving under the Influence of Prescription Drugs

You were driving home after a couple drinks at a party when police stopped you.  The officer spotted your gun under the passenger seat.  You have a valid concealed carry license, but now you are facing both a DUI and separate charges for having a gun while under the influence of alcohol.
Can they do that?  What can you do?
Under Illinois law, you cannot carry a concealed firearm while under the influence of alcohol or drugs under the standards set by the DUI law.  Doing so is a Class A misdemeanor for a first or second offense and a…
Continue Reading CAN I HAVE A GUN IN MY CAR IF I’VE BEEN DRINKING?

To be convicted of DUI, the state must prove beyond a reasonable doubt that you were: 1) driving while 2) under the influence.  But it may surprise you to know that sleeping in your car can fall under the definition of “driving.”
Under Illinois law, you may not drive or be in actual physical control of a vehicle while under the influence of alcohol or drugs.  See: 625 ILCS 5/11-501.  You need not be driving to have actual physical control. Nor does it matter whether you intended to put the car in motion.
Actual physical control is defined on…
Continue Reading WHAT IS DRIVING UNDER ILLINOIS DUI LAW?

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