The Illinois legislature has increased the penalties for traffic tickets in 2011. A new law has gone into effect that requires the Secretary of State to revoke the driver’s license of any person who is convicted of a vehicle code offense that is the proximate cause of the death of another. Most people are aware […]

Illinois law on driving under the influence changed significantly in 2008. In that year, the legislature added additional penalties for the offense of DUI. For example, an arrest for DUI where the driver does not have a valid license turned into a felony offense. For years defendants who were arrested for DUI without a valid […]

DUI and no insurance: penalties under Illinois law

by Sami Azhari on December 19, 2010

DUI Without Insurance

An arrest for driving under the influence in Illinois can be deceiving. Usually the driver is released from police custody on a signature bond. Few are required to post bond. Further, the charges are filed on traffic tickets. Some people develop expectations that the DUI may not be a serious matter. This mindset is sometimes […]

A second arrest for driving under the influence carries additional penalties for a person’s driving privileges. First, the statutory summary suspension will take effect 46 days after the date of arrest. If the person has either a DUI or summary suspension in the last 5 years, then that person is not a ‘first offender’ for […]

An arrest for driving under the influence has two consequences on a person’s driving privileges under Illinois law. First, his driver’s license will be suspended 46 days after the date of arrest based on either 1) a breath alcohol concentration of 0.08 or more, or 2) a refusal to take the breathalyzer test. The suspension […]

How prosecutors prove DUI in Illinois courts

by Sami Azhari on November 21, 2010

Proof of Intoxication | Breathalyzer Machine | Illinois DUI Trial

Driving under the influence is a criminal offense in Illinois. It is subject to the same rules of criminal procedure and evidence as any other charge, including first degree murder. The defendant is protected by the United States Constitution, which provides the right to a jury of 12 people and the right to confront one’s […]

Statutory summary suspension for DUI based on drugs

by Sami Azhari on November 19, 2010

Summary Suspension | Positive Test for Drugs | Urine Test | Cocaine

When a person is arrested for driving under the influence in Illinois, the arresting officer will ask him to submit to a chemical test. The most common form of test is a breathalyzer at the police station. If the machine shows a breath alcohol concentration of 0.08 or more, then that person is over the […]

Horizontal Gaze Nystagmus HGN | OLS One Legged Stand | Walk and Turn WAT | Field Sobriety Testing Manual

Field sobriety testing is the term describing a series of tests the police give a motorist whom they suspect to be impaired by alcohol or drugs. The tests were developed after study by the U.S. Department of Transportation (DOT), National Highway Traffic and Safety Administration (NHTSA). Three tests were approved for standardization and use by […]

Child Passenger | Illinois DUI | Enhanced Sentence | 6 Months Jail

The laws against driving under the influence in Illinois have enhanced penalties where the defendant was transporting a child passenger. The DUI statute in Illinois is 625 ILCS 5/11-501. A first offense is a Class A misdemeanor offense. The sentencing range is up to one year in jail and a possible fine of $2,500. But […]

Illinois Speeding 40 MPH | 625 ILCS 5/11-601.5

A speeding ticket in Illinois can result in a fine and traffic school. In some instances, it can result in a suspended license. Recent changes in the law make certain tickets more serious. Beginning in 2011, a speeding ticket for driving 31 mph over the limit is a criminal offense. The new law makes it […]