Recent Blog Posts
Can I Get a DUI in Illinois While Operating a Train?
NO! There are a few pieces to this puzzle to determine whether or not someone can be charged with drunk driving while operating a train. The first piece can be found in ILCS under the DUI statute 625 ILCS 5/11-501. However, there is not an explicit mention of this unique scenario in the DUI statute. Some guidance can be found in the Illinois Pattern Jury Instructions. Pattern Jury Instructions are quite a big deal for criminal law practitioners, appellate practitioners, and the judiciary at large. Jury Instructions are a short and sweet reading of what the law IS. During a judge only or bench trials, judges are cognizant of what a jury would be hearing in the jury instructions at the end of the case.
The main Illinois Pattern Jury Instruction on DUIs notes that: A person commits the offense of driving under the influence of alcohol when he or she drives (drove) or is in actual physical control of a vehicle while under the influence of alcohol. Still not enough on what is a vehicle, we have to dig deeper.
Can I Get a First Time DUI Expunged or Sealed in Illinois?
Despite recent revisions to the Illinois Expungement and Sealing laws, there are limited circumstances in which someone can expunge or seal a first time DUI.
First, to “expunge” a first time DUI means you must actually go and do something after the case is done. That “something” is filing a petition to expunge with the clerk of the circuit court and give notice to law enforcement agencies. The court record will simply not disappear on its own, even if you win at a bench trial or a jury trial. After a waiting period, if no one objects, a judge may issue an expungement order to destroy the court file along with any other arrest records. The term "may" is used because expungements are always discretionary by the judge and are not mandatory.
Second, to “seal” means to hide court records from any private party apart from law enforcement and the courts. Successfully “sealing” a court record means the court record cannot be accessed by a private party without a court order. Sealing a court record would arguably help someone with those dreaded background checks for employment.
Is There a Lookback Provision in Illinois Law for DUI Suspensions?
Certain things in life are permanent, like an amputated limb, a tattoo, or Pete “Charlie Hustle” Rose’s lifetime ban from Major League Baseball. Pete Rose’s “Prince Valiant” style hairstyle may also fit into this category!
Far more importantly, a legal example of that permanence is the look back period for a DUI charge in terms of criminal law. In the state of Illinois, it matters not that you received a charge of DUI in 1979 and then in 2019; the DUI arrest in 2019 still “counts” as DUI arrest number two, no matter how long ago the first charge accrued. Even though you probably were young and foolish back then and may have even owned a cool pony car, it still “counts”. Forever. Really.
The good news is that on the civil side of a DUI arrest, referring specifically to a summary statutory suspension of an accused DUI driver’s driving privileges, the lookback period is NOT forever, it is only five years. More specifically:
What Are the Penalties for Marijuana/Cannabis DUI in Illinois?
The penalties for a cannabis DUI in Illinois are very similar to the possible penalties for an alcohol-based DUI. However, cannabis DUI does not carry a mandatory community service aspect, as many alcohol-based DUIs do.
For a first offense cannabis DUI, if you plea guilty to or are found guilty at a trial of having either 5ng of delta 9 THC in your blood or 10 nanograms of delta 9 THC in any other bodily substance, you can expect:
- The dismissal of your case without a conviction based upon good behavior, or;
- A range of other possible penalties, with the maximum of up to 364 days in county jail,
- Counseling as spelled out in a drug/alcohol evaluation,
- A one night class at the courthouse called a victim impact panel,
- $2,500 maximum fine + court costs,
- Cannot receive any new criminal or traffic offenses during the duration of your sentence.
What Is the Legal Limit for Illinois DUI Cannabis THC in Urine?
While cannabis, for small amounts, has been decriminalized in the state of Illinois, you still can be found guilty of a DUI if you have a certain amount in your urine or blood. This is regardless of your level of impairment.
First, it is important to note that only a few years ago, if you were caught with ANY amount of cannabis in your urine or other bodily fluids – no matter how long ago you may have smoked (or ingested)—you would be guilty of a DUI.
Then on July 29, 2016, Illinois changed. Cannabis became decriminalized. And because a small amount of cannabis is no longer a criminal offense, the DUI statute needed to be updated to reflect the current law.
Now you can have some – although not much – in your urine or bodily fluids. According to the statute, you can now have 10 nanograms or more of THC in urine or other bodily substances. Cannabis is typically tested and found in your urine. It is also tested, albeit rarely, in other bodily substances such as saliva and sweat. The reason for this is lab analysts are able to better detect cannabis in urine much easier than in blood.
What Is the Law for a Cannabis or Marijuana DUI in Illinois?
The DUI laws in Illinois have changed for cannabis and marijuana impairment over the years. As of 2019, a person can be charged with driving under the influence of cannabis in Illinois in two different ways.
First, it is illegal to drive with an amount of cannabis in your system if it is above the legal limit of 5ng of active metabolites in blood or 10 ng of active metabolites in your other bodily fluids. The test has to show its presence within two hours of driving. You are guilty of DUI under this law even if you are not impaired.
Second, It is illegal to drive with any amount of cannabis in your system if you are "high" from it, or if you are under the influence. If you have an amount of psychoactive metabolites above the legal limit, then you are presumed to be under the influence of cannabis under this law.
It is important to have a knowledgeable Wheaton DUI attorney review your case if you have been arrested in Illinois for DUI cannabis. Ramsell & Kunowski, L.L.C. is highly qualified to defend anyone in Illinois charged with this offense. Call us at 630-665-8780.
Improper or Illegal Stop of Person or Vehicle - How to Beat an Illinois DUI
Police officers in the suburbs are often overzealous in stopping people for alleged infractions. For example, it is quite common for someone to get stopped while driving at night for supposed traffic infractions that would not get a second look during the day, such as speeding five mph over the limit, failing to signal, or general equipment violations. If you are pulled over and then accused of DUI, the basis for the stop itself is a major determining factor for the rest of your case!
Dating back to 1968, the United States Supreme Court has held that a brief, non-custodial traffic stop is a considered a “seizure” within the meaning of the 4th Amendment to the US Constitution. The 4th Amendment says that “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched or things to be seized.” In plain English, a police officer needs SOME reason to pull over a driver based on an alleged violation of the law. The police need more than a “hunch” and cannot pull someone over simply because they are bored.
Anonymous Reports of Drunk Driving - How to Beat an Illinois DUI
It is now a reasonable assumption that nearly every member of the motoring public has in his car some type of cellular communication device. Thus, someone with either good or ill intentions can contact 911 or law enforcement from their vehicle, in real time, to report an alleged drunk driver or to simply make trouble for someone with whom they have an ax to grind.
You may be even more surprised to learn certain policy and advocacy groups pay cash “bounties” to anyone who reports a suspected drunk driver. This includes groups like Drunk Busters, Mothers Against Drunk Driving, Alliance Against Intoxicated Motorists, and others. Some programs exist all year long, while some are only operational around major holidays like Christmas, Fourth of July etc.
An anonymous tip to 911 about a suspected drunken driver is sometimes, but not always, enough on its face to warrant law enforcement stopping the vehicle that is the subject of the tip. Typically, the tip must be so detailed as to support an actual sighting of erratic driving, accident, near accident etc. by the tipper, or the tip must be corroborated by another source or the anonymous source for some reason is known or believed to be reliable.
Illegal Traffic Stops - How to Beat an Illinois DUI
Weaving in one's vehicle within a lane without crossing any lines is not a violation of the law, and a police officer cannot stop a vehicle on suspicion of DUI for that reason.
If you can beat the stop, chances are you can beat the entire case. Constitutionally, police officers need a valid reason to stop and pull you over. A good DUI defense lawyer will know how to discover and then challenge a bad stop and potentially get the entire case thrown out.
Weaving within one’s lane is a bad stop. Contrary to what many think, weaving within one’s lane is NOT a valid reason for the police to pull you over. Weaving within one’s lane occurs when the vehicle is driving within a single and moves side to side but never crosses the into another lane.
So, for example, if you are pulled over for “Improper Lane Usage” – a petty offense punishable by fine only – but you never crossed over into another lane, then you have done nothing wrong. The police should never have pulled you over, and all the evidence should be thrown out in court.
What Are Illinois DUI Sobriety Tests?
In Illinois, the police commonly give a person suspected of DUI a set of "tests" to measure their impairment. These occur at roadside--also known as the "field"--hence the term "field sobriety tests."
What Are the Most Common Field Sobriety Tests in Illinois?
The most common Illinois DUI tests in the field are the one-leg stand, the walk and turn test, and the horizontal nystagmus test. Each of those tests is described more fully in other blog entries. These three tests were developed by the National Highway Traffic Safety Administration (NHTSA) in the late 1970s and were implemented nationwide in the 1980s. These tests have strict guidelines for administration and interpretation, and a great Illinois DUI lawyer should also be trained in them so he or she can effectively cross-examine the officer and defend the driver. Donald Ramsell is a certified instructor in NHTSA sobriety tests. The other attorneys at Ramsell & Kunowski, L.L.C. also have training in this field.
