Monthly Archives: August 2014

Illiniois DUI Law

DUI Breathalyzer Test Refusal

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DUI Breathalyzer Test Refusal

DUI Breathalyzer Test Refusal.  Should Illinois drivers pulled over for or arrested for DUI refuse a breathalyzer test?  Wheaton DUI lawyer Marilyn Miller wants you to know your rights when pulled over or arrested for DUI.

Probable Cause to Arrest

A police officer needs probable cause to arrest a driver for DUI. Probable cause exists when a reasonable person concludes that a driver has committed an offense.  This conclusion can arise from the officer’s observations of the driver’s manner of driving as well as observations of the driver after the traffic stop.  These observations can include the driver’s slurred speech, blood shot eyes, strong odor of alcohol, admission to drinking, fumbling with license, and inability to follow instructions.

Field Sobriety Tests

Typically, an officer will require a driver to complete the Field Sobriety Tests or FST.   These tests may include a Horizontal Gaze Nystagmus Test or HGN, a Walk-and-Turn test, and a One-leg Stand test.  The officer will also ask the driver to take a Preliminary Breathalyzer Test or PBT which consists of a hand-held device for testing the driver’s breath at the scene.  The PBT provides an estimate of the blood-alcohol level of the driver.   Therefore, the PBT helps establish probable cause for a DUI arrest.  By law, a driver may refuse to take this Preliminary Breathalyzer Test without consequences to his driving privileges.

Consequences of Refusing Breathalyzer

After a driver is actually arrested for DUI, the driver cannot refuse the official breath, blood or urine test without consequence.  The official chemical test is typically given at the police station after an arrest for a DUI.  If a driver is arrested for DUI and refuses to submit to a such test, the driver faces a 12-month statutory summary suspension of his driving privileges.  Those arrested for DUI who submit to the tests face a 6-month statutory summary sususpension for a failed test (i.e., a chemical test which disclosed an alcohol concentration of 0.08 or more, or any amount of a drug, substance, or intoxicating compound in such person’s breath, blood, or urine resulting from the unlawful use or consumption).  625 ILCS 5/11-501.1(a) and 625 ILCS 6-208.1(a).

Admissibility of Field Sobriety Tests

As to the HGN test, the prosecution has to establish the scientific basis for the reliability of this test.  However, the Court will admit the FST evidence based solely only the officer’s personal observations and conclusions.

The driver can agree to take FST and the PBT if he/she can pass the tests.  However, drivers often find it difficult to perform the FSTs even when when sober.  In addition, the Court may easily admit the FST tests based on the officer’s personal observations and subjective conclusions. As to the PBT, it is an estimate only of the blood-alcohol level of the driver.  Moreover, the PBT is not admissible by the prosecution at the trial of an alleged DUI offense.

The police officer may record the FST on a video camera mounted in a squad car.  Further, the arresting officer must conduct all tests in conformity with the National Highway Transportation and Safety Administration (NHTSA) manual.  The validity of these tests is compromised if not properly administered as set forth in the NHTSA. A experienced DUI lawyer may cross exam the arresting officer on this issue.

If the driver believes that he can pass the Field Sobriety Tests and Preliminary Breathalyzer Test, then the driver can agree to take the tests.  However, the driver should politely refuse all tests if there is a possibility that the driver cannot pass the tests.

Illinois Criminal Law

New Illinois Drug Law and Increased Penalties for Drug Crimes

The State of Illinois added the synthetic, hallucinogenic drugs known as 25-I, 25-C and 25-B to the list of controlled substances that are illegal to manufacture, deliver or possess with the intent to distribute.  Governor Quinn’s office says these drugs have been available online and linked to both serious and fatal reacations.  Quinn also signed a bill that makes it illegal for anyone under 18 to buy or possess products containing the herbal stimulant Kratom.

In addition, the penalty for manufacturing methampethamine within 1000 feet of any school property will now be a Class X felony, punishable by a minimum of six years in prison.  This crime was previously a Class 1 felony.

As reported by the Associated Press and reprinted by the Daily Herald, Gov. Pat Quinn signed these three drug-related pieces of legislation on Saturday, August 16, 2014, and the new laws take effect January 1, 2015.

If you have been charged with an Illinois drug crime, call DuPage County criminal defense lawyer Marilyn A. Miller at 630-424-8816.

 

 

Illiniois DUI Law

DuPage DUI Lawyer – Illinois BAIID for First DUI Offense

DuPage DUI lawyer Marilyn A. Miller wants persons charged with a first DUI in Illinois to be aware that Illinois Senate Bill 300 was signed into law on August 24, 2007 and became effective January 1, 2009.   P.A. 95-0400.  It requires all first-time Illinois DUI offenders who wish to drive during their statutory summary suspension to install a Breath Alcohol Ignition Interlock Device on the vehicle they wish to drive during the statutory summar suspension.

A person must provide a breath sample into the Breath Alcohol Ignition Interlock Device prior to starting the vehicle and at random intervals throughout the travel time. The BAIID uses advanced technology to read the persons Blood Alcohol Content (BAC).   A BAIID is hooked to the ignition of the car and prevents the person from starting the car if their breath sample registers a .05 or higher.  If the breath sample is negative for alcohol, the person will be able to start their car without incident.

In addition, Senate Bill 300 increases the statutory summary suspension times as follows:  For offenders who refuse testing at the time they are pulled over, their suspension times will go from the current 6 months to 12 months.  For those that take the test and fail, their suspension will double from the current 3 months to 6 months.

Contact Marilyn A. Miller by email or call 630-424-8816.

Illiniois DUI Law

Wheaton DUI Lawyer | Monitoring Device Driving Permit

DUI lawyer Marilyn A. Miller wants you to know that eligible first-time DUI offenders who are arrested on or after January 1, 2009, have the option of obtaining a Monitoring Device Driving Permit by request to the Illinois Secretary of State.  The Monitoring Device Driving Permit replaces the Judicial Driving Permit.  The offender has the option of not participating in the program, but will have no other option for driving relief during the Statutory Summary Suspension.

Under Illinois law, the Monitoring Device Driving Permit allows the offender to drive after serving 30 days of the statutory summary suspension (which will either be 6 months or 12 months, depending on failure or refusal of Field Sobriety Test.  The MDDP requires that the offender install a Breath Alcohol Ignition Interlock Device in any vehicle the offender plans on driving during the term of the statutory summary suspension. The MDDP allows the offender to drive anywhere at anytime so long as the vehicle being driven has a BAIID installed (as opposed to the Judicial Driving Permit which restricted the offender to certain hours and certain destinations).  A Monitoring Device Driving Permit holder found driving a car without a BAIID during the statutory summary suspension will be guilty of a Class 4 felony. An offender who chooses not to obtain a Monitoring Device Driving Permit and is then caught driving during the statutory summary suspension will be guilty of a Class 4 felony.

A Monitoring Device Driving Permit will not allow a Commercial Drivers License holder to operate a Commercial Motor Vehicle during the offender’s statutory summary suspension.  Monitoring Device Driving Permit holders may be eligible for a work exemption if driving employer owned cars during the course of work hours and if the car is not specifically assigned to the offender.