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Recent Blog Posts
Stoned Driving in Illinois: New DUI Marijuana Standards
The debate over marijuana has been ongoing for a number of years in this country. Some states take a much more permissive approach to the drug and its use while others remain strict, begrudgingly updating their laws only when necessary. Thus far, Illinois has only been willing to take certain legislative steps pertaining to the use of marijuana in the state. Its medical marijuana program was very slow to get underway and efforts to decriminalize—not legalize—low-level possession of the drug took several years to pass. When the decriminalization bill was approved, however, it also addressed the issue of driving under the influence of marijuana, creating a quantitative standard for determining a driver’s impairment.
New Standards
Prior to the new law taking effect this past July, the state of Illinois maintained a zero-tolerance policy for driving under the influence of marijuana. If any trace of the drug was found in the driver’s system, he or she could be charged with DUI. The major problem with such an approach was that existing tests could detect traces of marijuana in a person’s body several weeks after use. In essence, the tests did not address the driver’s current state of impairment whatsoever.
Drunk Driving: A New Year’s Breathalyzer Could Cost You
This coming weekend is sure to be filled with parties focused on looking back on the year that was and ahead to the year that will be. While a champagne toast at midnight is common at many New Year’s Eve celebrations, a large number of revelers will continue to drink relatively heavily throughout the night and well into the next morning. Of course, those of legal drinking age are free to make their own choices regarding how much they have to drink, it is important to remember that getting behind the wheel after drinking can lead to serious legal problems.
DUI Checkpoints
Throughout the holiday season, efforts by law enforcement have been underway to combat drunk driving. One of the most common methods for doing so is the use of sobriety checkpoints on highly-traveled streets and highways during times when drunk drivers are likely be on the roads. If you encounter a sobriety checkpoint, you may be asked to submit to a battery of field sobriety tests. If the police have probable cause to believe that you are driving under the influence, you can be arrested on the spot.
DUI Prosecution and the Statute of Limitations
When a person is pulled over on the suspicion of driving under the influence (DUI), the next step is being taken into police custody until officers feel the individual is sober enough to make it home safely. In most cases, a citation is issued upon release which includes a date for a mandatory court appearance. All too often, however, defendants appear on their required date in court only to discover that their case is not actually on the docket. How does this happen? The answer may be found in what occurs after the issuance of the citation.
Behind the Scenes
Keep in mind that a county prosecutor’s office has a multitude of cases to review each day. Your case, while extremely important to you, is just one of many being processed at any given time. The date on the citation is often an arbitrary date, generally at least a month or two months after the incident initially occurred. It is presumed that this time is sufficient to accomplish the necessary steps, including:
Wearable BAC Sensor May Be the Next Step in Preventing a DUI Arrest
The next time you are at the gym or out for a walk, take a look at the arms of some of the people around you. Almost certainly, you will find that at least a few have a thin strap around their wrists that looks something like a cross between a bracelet and watch band, but with no visible face. There is a very good chance that these straps are fitness trackers in the style of a Fitbit—if not the branded product itself. Over the last decade, fitness trackers have become a multi-billion dollar industry within the "wearable" technology sector. The coming additions to the wearable market, however, will be quite a bit different. It will soon be possible for a strap on your wrist to estimate when you have had too much to drink and to help you get home without being pulled over for driving under the influence (DUI).
Government Challenge
In 2015, the National Institute of Health (NIH) invited tech startups and individuals around the country to develop a prototype wearable device capable of measuring blood alcohol content in real time—or as close as possible. The National Institute on Alcohol Abuse and Alcoholism (NIAAA), a subagency of the NIH, conducted the challenge to harness the technology being used in wearable fitness trackers and apply it toward reducing alcohol problems and increasing public safety.
Distracted Drunk Driving; A Dangerous Combination
As cell phone technology continues to advance, it is getting harder and harder for some people to put their devices down while driving. Despite being surrounded by warnings of the dangers of texting while driving, a large percentage of drivers—many of them in their late teens and early twenties—continue to pay more attention to their phones than they do to the safe operation of their vehicle. Distracted driving is bad enough, with thousands of accidents every year caused by inattentive drivers, but adding alcohol to the mix can lead to even more catastrophic results.
College Student Arrested for Drunk Driving While Taking a Snapchat Photo
Last October, a freshman at Texas A&M University was booked on drunk driving charges after the car she was driving slammed into the back of a parked police cruiser. The police officer, who had been responding to a domestic disturbance call, approached the young woman’s car and found her sitting in the driver’s seat without a shirt. According to an affidavit filed by the officer, the woman said that she was trying to take a sexy Snapchat photo for her boyfriend while she was at a red light.
Collateral Costs of a DUI Conviction
A conviction on charges of driving under the influence (DUI) is likely to have costs that extend beyond fines, license revocation, and jail time. It can mean, among other things, ineligibility for federal welfare benefits, an increased possibility of deportation, ineligibility for reductions in car insurance rates, and mandatory alcohol education counseling. If you or someone you know is facing a DUI charge, it is essential to understand the full consequences of a conviction.
Compromised Civil Liberties
After two DUI convictions, any further conviction will be classified as a felony. A conviction for a felony offense not only means more severe sentencing requirements, but also the loss of civil liberties, such as the right to vote, the right to possess a firearm, and the right to get a passport. Some of these can be eventually restored but the process of doing so may be difficult and expensive.
When Is a DUI a Felony Charge?
When you are charged with the criminal offense of driving under the influence (DUI), it has the potential to change your life forever. Regardless of whether you are ultimately convicted, your license can be suspended, leading to difficulties keeping your commitments—including work. If you are convicted, you could even spend time in jail.
Basics of DUI Offenses
Just your first DUI offense can result in the loss of driving privileges for up to six months. In many cases—especially if it is your first offense—you are likely to qualify for a Monitoring Device Driving Permit which allows you drive legally while your license is technically suspended. Participation in this program, however, means that you must install a Breath-Alcohol Ignition Interlock Device (BAIID) in your vehicle. Before your car will start, you must use the BAIID to prove that your blood-alcohol content (BAC) is below the acceptable limits set by the program.
The Death of a Fetus in DUI Crash Can Lead to Serious Consequences
Families who are expecting a child have high hopes for the future. If that future happens to be snatched away during an accident with an intoxicated driver, the end result can be catastrophic. A family loses a child they were planning for, and the intoxicated driver is left to deal with the guilt and consequences of their actions. In such a case, the consequences could include a felony DUI conviction.
Illinois Considers an Unborn Fetus a Life in DUI Accidents
Paying the price for an unborn fetus might seem unfair, but the state of Illinois considers it a life. This means you could potentially face the very same charges for the death of a fetus as you would have for the death of another human being. In short, you could be charged with an aggravated DUI, which is a felony charge in the state of Illinois.
Consequences of a Felony DUI in Illinois
In addition to having a DUI conviction on your driving record, suspension of your license, fines, administrative fees, and lost time from work, those facing felony DUI charges may experience a prison sentence, probation, and mandatory community service. They may also be required to pay restitution to the victim’s family. Further, having a felony on your criminal record can make it difficult to obtain housing and employment once you are released from prison. A felony DUI conviction also remains on your record for the rest of your life.
Drugged Driving May Be a Factor in More Fatal Crashes Than Drunk Driving
Late last month, the Governors Highway Safety Association (GHSA), in conjunction with the Foundation for Advancing Alcohol Responsibility, released a report that looked at fatal crashes from 2015 for which toxicology information was available. According to the report’s findings, illegal and prescription drugs were involved in 43 percent of crashes that resulted in the death of the driver while alcohol was involved in 37 percent of such incidents. This marks the first time since the issue has been thoroughly researched that drugged driving surpassed drunk driving as a factor in fatal accidents.
Study Limitations
The report acknowledged that the numbers are not quite as complete as the researchers would have liked, but the data in question is not always made available. Much of the study’s information came from the Fatal Analysis Reporting System (FARS) utilized by the National Highway Traffic Safety Administration (NHTSA). According to FARS statistics, less than 60 percent of fatally injured drivers in 2015 were tested for drugs. The numbers were slightly better for alcohol testing with nearly 71 percent of fatally injured drivers tested. In addition, FARS statistics rely on individual states to file reports regarding deadly accidents which does not always happen as expected.
Local Authorities Crack Down on Drunk Boating
For nearly four decades, broadcast airwaves, billboards, and other attention-grabbing resources have been used to raise awareness of the dangers of drunk driving. Of course, such efforts continue each year as a new class of young drivers takes to the roads in Illinois for the first time—teens who may not have ever really considered how a few drinks could affect their ability to handle a car.
Meanwhile, however, far less attention has been paid to the similar dangers of drunk boating or boating under the influence of alcohol or drugs. In fact, it is not uncommon for people to consider a boating trip as a type of tailgate party writ large—complete with copious amounts of alcohol and a corresponding lack of inhibitions. Thus, it often comes as a surprise when the operator of a boat is arrested and charged with boating under the influence.
Authorities Expect Uptick in Waterway Use
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