A Driving Under the Influence (DUI) case has two separate parts: the initial suspension of your license, (1 year suspension if you did NOT submit to a breath test and 6 months if you did and provided a breath sample (BAC) over 0.08), and the criminal charges. The Statutory Summary Suspension is from the Illinois…
DUI Motions: When I represent a client on a DUI charge I usually file certain motions to challenge the police officer’s reason for stopping the client and a motion to challenge the police officer’s belief that the client was intoxicated. These motions are called a Motion to Quash the Arrest and Supress the Evidence. …
The law regarding Driving Under the Influence, commonly referred to as DUI is found in Section 11-501 of the Illinois Vehicle Code. The full citation is: 625 ILCS 5/11-501. 11-501 is the general provision involving DUI. There are two subsections that are the most commonly used in a DUI arrest: (A1): being applicable when a…
I was in DuPage County today at the Glendale Heights Field Court representing a client charged with Underage Consumption of Alcohol. The city prosecutor offered a sentence of court supervision hoping I would accept. However, a court supervision sentence would cause my client’s driver’s license to be suspended for 3 months. The prosecutor knew this…
The officer who arrested you received “DUI Detection and Standardized Field Sobriety” training at the Illinois State Police Academy. As an experienced DUI attorney, I have the Student Manual that was used to train the officer. At court, I use the manual to prove to the judge that the police officer did not perform the…
I represented a client in Kankakee, Illinois on November 13, 2013, who was charged with DUI. He was stopped by an Illinois State Trooper for speeding and improper lane usage. My client submitted to all of the field sobriety tests and submitted to a breath test which registered a 0.11. The legal limit is 0.08.…
The power of cross examination is best illustrated in a case I handled a few weeks ago (January 9, 2013). The police officer testified that at 4:15 a.m. he witnessed my client’s van at a green light and it was not moving. The officer position his vehicle behind my client’s van and knocked on the…
Getting a DUI on private property is possible. The DUI laws are written that you can be charged with driving under the influence anywhere in the State of Illinois. Therefore, if you drank too much and were using a riding mower or snow machine (snow mobile), it is possible to be charged with driving (your…
When a person is arrested there are police reports which the police officer is required to fill out. They consist of a detailed account of what occurred. The reports also contain an “Alcohol Influence Report” which detailed how well or poorly you performed on the field sobriety tests, (FST). In some cases there may also…
The first court date after a DUI arrest occurs approximately 30 days after the day of arrest. The court date is set on the arresting police officer’s “key.” Every officer is given a “key.” For example, the key of “W” will stand for the second Tuesday and fourth Monday of every month. The officer is…