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

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?