Sami Azhari, Attorney at Law
NOTE: This article features new content to account for Illinois legal changes once Public Act 101-363 became state law. Since August 9, 2019, this Act amended various aspects of the state DUI statutes as recreational use marijuana became legal in Illinois. In Illinois, the offense of driving under the influence (DUI) can be based on […]
NOTE: This article has been updated to reflect the law as of 2020. The penalties listed are the most recent penalties pursuant to 625 ILCS 5/11-501. The penalties for an arrest for driving under the influence in Illinois were increased in 2011 and those penalties exist today. A second offense of DUI is still a […]
Most people with multiple drunk driving offenses do not assume they will be (legally) behind the wheel for quite a while following their arrest. Illinois has strict mandatory driver’s license suspension laws that make it difficult for even first time offenders to start driving again. For those with more than two or three convictions, they […]
The nation’s highest court gave police broad powers to stop vehicles based on anonymous tips in a recent opinion. In the Navarette v. California case, the United States Supreme Court ruled that the police can pull over a vehicle based on an anonymous tip that the driver is intoxicated without observing any traffic violations themselves, […]
For years, DUI offenders have had to worry about their driver’s licenses and the possibility of incarceration. But recently, prosecutors have given defendants another cause for concern. The government can seize a DUI offender’s vehicle, and after a process called civil forfeiture, sell the vehicle at auction and keep the proceeds. The process takes place […]
An important decision was just handed down by the United States Supreme Court concerning driving under the influence. In Missouri v. McNeely, the court was asked to decide whether it was unconstitutional to take blood by force without a search warrant. The court held that when a DUI suspect refuses a blood test, the police […]
State lawmakers in Springfield made a significant change to the Illinois Vehicle Code in 2013. The change is important because it could impact a person who was charged with driving under the influence. The law in our state allows law enforcement officers to seize property that was used in the commission of a criminal offense. […]
Driving under the influence is a crime that has generally remained the same over the years. The elements are basically that the defendant was: 1) driving and 2) under the influence. While the elements of the offense remain unchanged, the penalties for DUI change every year. And they change in only one direction, they are […]
An arrest for driving under the influence in Illinois is recorded, in most respects, for all time. This is a distressing fact for someone who has never been arrested before. One bad decision can make for a lifetime of regret. But it does not have to be that way. The record of a DUI arrest […]
Driving under the influence is the only offense in Illinois that requires the offender to undergo an evaluation before sentencing. The evaluation is mandated by statute. There is one exception to this rule, and it shows how seriously the law treats a DUI. The only other case in which the defendant is required to have […]
- by Sami Azhari, DUI Lawyer
