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 […]
DUI
Attention: This article was originally published February 25, 2013. The information has since been reviewed for accuracy and is up-to-date as of December 2019. All DUIs are charged under the same statute, 625 ILCS 5/11-501. Regardless of whether it is a misdemeanor or felony, a person’s guilt or innocence is determined by the same sections […]
In an historic vote, the National Transportation Safety Board recommended today that all 50 states lower the legal limit from 0.08 to 0.05 for driving under the influence. At the present time, all 50 states have a limit for the alcohol concentration in any person’s blood or breath of 0.08. Anyone who operates a motor […]
Driving under the influence is one of the very few crimes in which the defendant’s guilt or innocence depends almost completely on another person’s opinion. It is a troubling proposition that a court of law could impose a judgment on someone based on another’s subjective thoughts. But that is exactly what Illinois courts do for […]
There is something inherently unfair about it law that allows a police officer to suspend a person’s driver’s license for DUI before he is found guilty. But this is the law in Illinois. A police officer can suspend a person’s license for failing or refusing chemical testing. Illinois courts recognize a concept called implied consent. […]