third DUI

New Illinois Supreme Court ruling limits use of field sobriety test

July 24, 2010
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The Supreme Court of the state of Illinois issued a new ruling in 2010 concerning the use of the horizontal gaze nystagmus test (HGN). During an arrest for DUI, the police officer will ask the driver to stand still and follow a pen with his eyes, and keep his head motionless. The HGN test is […]

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What is the walk-and-turn test?

June 6, 2010
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The walk-and-turn test (WAT) is a field sobriety test that was approved by the National Highway Traffic Safety Administration for use in detecting intoxicated motorists. The WAT has been standardized and is used by all police and sheriff’s departments in DUI arrests. Field sobriety testing usually takes place roadside during the traffic stop. However, the […]

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The police officer asked me to follow a pen with my eyes. Is that a field sobriety test?

April 9, 2010
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During a traffic stop, if a police officer suspects that a driver is intoxicated, he will use special training to assist him in making the decision whether to arrest. The police officer will ask the motorist to participate in field sobriety tests (e.g. FSTs) to determine whether the driver is impaired. The National Highway Traffic […]

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If I get pulled over for DUI, should I take the breath test?

March 30, 2010
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An arrest for DUI is a serious matter. Generally, there are no easy answers about whether a person should take the breathalyzer test. But there are a few principles that may influence the decision. First, there are two opportunities to take a breath test. The first opportunity will occur on the side of the road […]

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What are the penalties for a first-time DUI in Illinois?

March 6, 2010
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When a person is arrested for DUI, the police officer will provide him with a Uniform Traffic Ticket. The ticket is written by hand and specifies the section(s) of the DUI statute the defendant is accused of violating. Driving under the influence of alcohol or drugs is set forth in 625 ILCS 5/11-501. There may […]

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I got a DUI in Illinois. How can I win my summary suspension hearing?

February 9, 2010
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The issues on an Illinois summary suspension hearing are, generally: probable cause, reasonable grounds to believe the defendant was driving, improper warnings, and the driver was not under the influence.

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What happens if I have an MDDP and drive a vehicle without a BAIID?

February 7, 2010
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Driving a vehicle without a BAIID when you have an Illinois MDDP can subject you to a Class 4 felony charge.

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