Right to Refuse a Portable Breath Test (PBT)
Tag: DUI
Right to Refuse a Portable Breath Test (PBT)
In Illinois, there are two chemical breath tests that may be offered to a person suspected of driving under the influence of alcohol. First, after an officer administers the Standardized Field Sobriety Tests (SFTS), he
Driving Under the Influence of Drugs
When you hear “Driving Under the Influence,” you are most likely thinking that it is referring to alcohol. In fact, the first statute under 625 ILCS 5/11-501 states that “the alcohol concentration in the person’s
Reasonable Doubt and DUIs In Illinois
The burden of proof for all DUI cases is beyond a reasonable doubt. However, a jury or judge’s definition of “reasonable doubt” varies significantly from judge to judge and jury to jury. Reasonable doubt is
DUI Dropped After “Bad Facts” Uncovered
Facts are facts, but when we are talking about them in the context of supporting an argument, some facts support that argument and others do not. When facts do not support an argument, we call
Rampant Vehicle Impoundment Fines in Chicago
When you are charged with a DUI in Chicago, IL, you may be subject to a $2,000 fine, plus towing and storage for seizure and vehicle impoundment. However, Chicago has recently been impounding the vehicles of
Suspended License Overturned
Under Illinois law, motorists being placed under arrest for Driving Under the Influence must be read their rights from a form called “Warning to Motorist.” Basically, this form states that if a subject refuses
DUI Dismissed! Chicago, IL
DUI Dismissed on December 30, 2016. The State of Illinois recently dismissed a DUI (625 ILCS 5/11-501) against my client. My client's case was not dismissed based on a legal technicality, but based on his perseverance
DUI Impoundment, Suspension, and Criminal Charges | Chicago
If you are charged with a DUI in Chicago, IL, you may be charged $2,000 plus towing and storage for a vehicle seizure and impoundment; a six (6) month, one (1) year, or three (3)
DUI Arrests on Chicago Streets
DUI Arrests The number of DUI fatalities has decreased by fifty percent since the 1980s. Further, the there are only about four (4) DUI arrests for every 10,000 Illinois drivers. Illinois ranks 48th out of all 50
Restricted Driving Permit 2016
Restricted Driving Permit During the Statutory Suspension The new 2016 DUI laws are taking effect. One of the most important changes to the law is the removal of the 6-208.1(g).: (g) (Blank). Following a statutory
Vehicle Impoundment Violations
MCC Vehicle Impoundment Violations If you are the owner of a vehicle you may suffer a vehicle impoundment in the City of Chicago for a variety of different reasons, including, but not limited to operating
No Valid Driver’s License Felony DUI
No Valid Driver's License Felony DUI In Illinois, your first DUI can be charged as a felony depending on the circumstances of your arrest. Typically, your first arrest for driving under the influence of alcohol
Revoked Illinois Driver’s License (625 ILCS 5/6-303)
Driving on a Revoked Illinois Driver's License (625 ILCS 5/6-303) The Illinois Vehicle Code has some of the toughest laws in the country. In particular, driving while driver’s license, permit or privilege to operate a
Felony DUI Defenses
Felony DUI Defenses In Illinois, there are some circumstances when a first DUI is a felony offense. 625 ILCS 5/11-501 entitled Driving while under the influence of alcohol, other drug or drugs, intoxicating compound or compounds or any
Police Body Cameras in Illinois
Police body cameras will not be mandatory on January 1, 2016, but Public Act 99-0352 creates a policy for their use throughout the state of Illinois. Public Act 99-0352 is the nation’s most comprehensive piece
Thanksgiving: DUI & Speeding Crackdown
[caption id="attachment_3143" align="alignnone" width="259"] Thanksgiving: DUI & Speeding Crackdown[/caption] The Wednesday before Thanksgiving marks the beginning of the busy holiday driving period where officers will be cracking down on DUI and Speeding. High traffic volumes
Fighting a DUI or Traffic Tickets
Fighting a DUI or Traffic Ticket is a challenge, but it is not impossible. Prosecutors offer reductions or dismiss most traffic tickets, except for DUIs. Most people do not want to suffer a DUI conviction.
New Illinois Laws: DUI
Back in March 2015, the Chicago Tribune Editorial Board wrote an editorial on pending legislation that would remove "hard time." Generally, "hard time" is a period of time when a person charged with a DUI
Labor Day Weekend: Teen Traffic Offenses
Motor vehicle crashes are the leading cause of death for 14-18 years olds in the US. In fact, in 2013, there were 2,614 teen (15-19 year old) passenger vehicle drivers involved in fatal crashes and
Labor Day Weekend: Sobriety Checkpoint Stops
Most people think officers always need a reason (reasonable suspicion of atraffic offense) to stop a moving vehicle. However, this Labor Day weekend some cities and towns in Illinois and beyond will use a sobriety checkpoint
Happy Hour and Breath Alcohol Ignition Interlock Device (BAIID)
Happy Hour is officially back in Illinois. Governor Bruce Rauner signed a bill into law that allows the return of happy hour alcoholic drink specials. Happy hour drink specials have been banned under Illinois law
Charged with DUI? Drunk or Sober, There is Still Hope
Many people think that because they were in fact drunk (or high) at the time of their DUI arrest, that there is no hope for their case. This couldn't be further from the truth. Even
DUI: Who gets arrested?
“Driving Under the Influence” is defined as operating a motor vehicle while impaired by alcohol, other drugs including cannabis (marijuana) prescribed for medical purposes, or intoxicating compounds and methamphetamine. In Illinois, a driver is legally
DUI: What is Actual Physical Control?
Every state defines “drunk driving” differently in their criminal and/or traffic code. Some states charge “drunk driving” as Driving Under the Influence of Drugs or Alcohol (DUI) and other states charge drunk driving as Operating
DUI Detection: Phase III
An officer needs probable cause that a person is under the influence of alcohol before he or she can request them to submit to a breath test. Phase III of DUI Detection or the Pre-Arrest
DUI Detection: Phase II
DUI Detection. This is Part Two of a Three Part Series on DUI or OVI Detection. Many people eventually charged with DUI or OVI think that they got charged because they failed the breath test.
DUI Detection: Phase I
I’ve spoken to hundreds of people charged with driving under the influence of drugs and/or alcohol. Most people charged with DUI or OVI do not completely grasped that the arresting officer was building a case against them
Arrest: Who?
Who gets arrested in Cook County? How about DuPage County? Are more men arrested than women? More Blacks than whites? Some organizations keep a records of arrests, but generally it is difficult get precise numbers
CDL Defense Lawyer
How can we help a CDL holder with a Traffic Ticket? Fenbert & Associates defends men and women with a commercial driver’s license (CDL) across Chicago and Cook County, DuPage County, Will County, McHenry County