The East Central Illinois Criminal Law & DUI Weblog

Can I be arrested for DUI if I am on my own land or other private property?

Yes. Illinois law allows for you to be arrested for DUI on private property, including your own. Specifically, 625 ILCS 5/11‑201 states as follows: “The provisions of Articles IV and V of this Chapter shall apply upon highways and elsewhere throughout the State (emphasis added).” Article V contains the DUI statute.  “[T]he words ‘elsewhere throughout the State’ encompass all areas of the State, public or private.”  People v. Guynn, 33 Ill. App. 3d 736, 739 (3d Dist. 1975).

Jeremy Richey

Due to Public Act 096-1526, a judicial order is no longer needed for first-time DUI offenders to receive a Monitoring Device Driving Permit (MDDP).   In order to receive an MDDP, eligible drivers with a statutory summary suspension will deal directly with the Illinois Secretary of State’s Office.

Click here to visit the Illinois Secretary of State’s BAIID/MDDP website.  (Note: As of the writing of this post, this website has not yet been updated with information about the new law.)

Jeremy Richey

In 2010, from what I could gather from Judici.com, there were 337 DUI cases filed in Coles County.

How does this compare to previous years?

2009: 373

2008: 354

2007: 302

As for other nearby counties, perhaps we can convince Effingham’s Scott Ealy to resume blogging long enough to update us on Effingham and surrounding counties?

Jeremy Richey

This past weekend, I attended and completed a three-day course on DWI detection and standardized field sobriety testing.  This event, while for lawyers, contained the same training that police officers receive.  This course was time and money well spent.  My knowledge of field sobriety testing expanded exponentially.  I also gained a greater understanding and appreciation for what officers on the street go through.  Any lawyer who is serious about DUI defense should attend one of these courses.

Jeremy Richey

WordPress records the search terms people use to find this blog. Some unknown person typed the above question in a search engine and found this blog. My answer follows.

It is physically and actually possible to forcibly resist a blood test. But, that is not what the questioner was asking. A better inquiry is whether a person can forcibly resist a blood test and not suffer adverse legal consequences.

Absent a search warrant, the police will probably not force a blood draw. The consequence for refusing a blood test (or urine or breath test) is that the person will receive a longer driver’s license suspension under the Illinois statutory summary suspension law than if the person had submitted to and failed testing.

What if the police have a search warrant authorizing a blood draw? In that case, the person really doesn’t have a choice: the person must submit to the blood draw. If the person forcibly resists the blood draw, further criminal charges in addition to the person’s DUI charge (such as obstructing a peace officer) may result.

Jeremy Richey

Field sobriety testing will likely be a part of any given DUI investigation … if the driver does not refuse to participate in the tests.  (The three most common of these tests are the walk-and-turn test, the one-leg stand test, and the horizontal gaze nystagmus test (eye test)).  Why would a driver refuse to participate in these tests if he is innocent?  Don’t only guilty people refuse to participate?  Hardly.  There are several reasons why an innocent person might decline an officer’s request to participate in these tests.   The Supreme Court of Virginia recently gave the following reasons:

[T]here are numerous innocent reasons why a person may refuse to engage in tests that are not required by law, including that a person may be tired, may lack physical dexterity, may have a limited ability to speak the English language, or simply may be reluctant to submit to subjective assessments by a police officer.

Jones v. Commonwealth, 279 Va. 52, 58 (2010).

–

Jeremy Richey (h/t: NCDD Journal)

This last weekend, as part of my church’s Adopt-A-Highway project, I helped clear trash from the ditches of a local highway.  I helped do this once before, and both times, I was amazed of the amount of beer cans, beer bottles, and other alcohol containers on the side of the road.  Part of me wonders how many people out there are drinking alcohol while driving?

I enjoy defending DUI cases, however, I in no way condone drunk driving (or any other crime for that matter).  There is a difference between defending a case and condoning behavior.  Scott Greenfield recently said it this way:

“[C]riminal defense lawyers are not proponents of crime.  We don’t think crime is good, or acceptable, or tolerable.  We defend people accused of crime.  A nuanced distinction, but a very real one.

When I accept a case, I defend it to the best of my ability.  One reason I enjoy defending DUI cases is that there are many questionable (and downright bad) DUI arrests.  But, those who truly drive drunk, and get drunker while driving, are a danger to us all.   This is unacceptable behavior.  We can and must do better.

Jeremy Richey