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Table of Contents

List of Forms by Chapter

Chapter 1 — Illinois DUI Caselaw and Trial Advocacy — Pretrial

I. [1.1] Introduction

II. [1.2] First Contact by Client

[1.3] Attitude

Tests

[1.4] Standardized and Nonstandardized Field Sobriety Tests

[1.5] Chemical Tests

[1.6] Statements

[1.7] Development of Favorable Evidence

[1.8] Safety, Accountability, Fairness and Equity-Today Act (SAFE-T Act)

[1.9] Impoundment of Defendant’s Vehicle

[1.10] Forfeiture of Defendant’s Vehicle

III. [1.11] The First Interview

[1.12] Obtain Client Information — List of Questions

[1.13] Establish the Attorney’s Fee

[1.14] Develop Defenses

[1.15] Other Considerations

IV. [1.16] Defense Investigation

[1.17] Obtain Copies of Reports and Tests; Use of Subpoena Duces Tecum

[1.18] Obtain a Driving Abstract

[1.19] File Petition To Rescind

[1.20] Interview Prosecution Witnesses

Interview Defense Witnesses

[1.21] Witnesses Concerning Issues of Sobriety and Driving Ability

[1.22] Witnesses in Support of Built-In Defenses

V. [1.23] Pretrial Motions

[1.24] Motion for Discovery

[1.25] Discovery in Ordinance Prosecution

[1.26] Prosecutor’s Right of Discovery

[1.27] Sanctions for Failure To Comply with Discovery Request

[1.28] Sanctions for Failure To Conduct in Camera Review of Subpoenaed Hospital Records

[1.29] Motion for Bill of Particulars

[1.30] Motion for Continuance

[1.31] State’s Motion To Nolle Prosequi

[1.32] State’s Motion To Strike with Leave To Reinstate

[1.33] Motion To Dismiss

[1.34] Speedy Trial

[1.35] Statute of Limitations

[1.36] Prosecution Delay

[1.37] Denial of Due Process — The Lawson Rule

[1.38] Supreme Court Rules 504 and 505

[1.39] Time Limitations

[1.40] Right to Trial on Appearance Date

[1.41] Supreme Court Rule 552

[1.42] Municipal Attorney’s Authority To Prosecute

[1.43] Ordinance Defective — Failure To Comply with State Public Policy

[1.44] Multiple Prosecutions

[1.45] One Act, One Crime

[1.46] Motion for Substitution of Judge

[1.47] Motion for Severance

[1.48] Motion in Limine

[1.49] Motion in Limine To Exclude Results of Chemical Tests

[1.50] Motion in Limine To Exclude Prior Convictions

[1.51] Invasion of Privacy

[1.52] Motion To Suppress

[1.53] What Constitutes Seizure

[1.54] Obligation of Motorist To Exit Vehicle

[1.55] Police-Citizen Encounters

[1.56] Probable Cause for Traffic Stops

[1.57] Investigatory Stop

[1.58] Examples of Proper Investigatory Stops

[1.59] Examples of Improper Investigatory Stops

[1.60] Credibility of Witnesses

[1.61] Detention and Questioning Following Traffic Stop

[1.62] Use of Narcotics Detection Dog

[1.63] Request for Identification from Passenger

[1.64] Pretextual Stop

[1.65] Stop Based on Information via Police Radio

[1.66] Stop Based on Information from Citizen Informant

[1.67] Probable Cause for DUI Arrest

[1.68] Entry into Defendant’s Home

[1.69] Evidence That May Be Suppressed

[1.70] Use of Roadblocks

[1.71] Search of Auto

[1.72] Search of Passenger

[1.73] Suppression Based on Miranda

Evidence Subject to Miranda

[1.74] Breath, Blood, Alphabet, and Coordination Tests

[1.75] Audio/Video Evidence

[1.76] Evidence of Refusal

[1.77] Custodial Interrogation

[1.78] On-the-scene Questioning

[1.79] Questioning in a Police Squad Car

[1.80] Questioning at a Hospital

[1.81] Questioning at a Defendant’s Home

[1.82] Questioning at a Police Station

[1.83] Suppression Based on Sixth Amendment Right to Counsel

[1.84] Suppression Based on Failure of Prosecution To Preserve Evidence

[1.85] Preservation of Breath Sample

[1.86] Preservation of Blood Sample

[1.87] Suppression Based on Collateral Estoppel

[1.88] Suppression Based on Officer’s Lack of Authority To Arrest

VI. Should the Case Be Tried by Jury

[1.89] Defendant’s Right to a Jury Trial

[1.90] Defendant’s Right to a Bench Trial

[1.91] Factors in Determining Whether Case Should Be Tried by Jury

[1.92] Selecting the Jury

VII. [1.93] Final Preparation for Trial

Chapter 2 — Illinois DUI Caselaw and Trial Advocacy — Trial

Chapter 3 — Illinois DUI Caselaw and Trial Advocacy — Alternatives

Chapter 4 — Illinois DUI Caselaw and Trial Advocacy — Consequences and Forms

Chapter 5 — Illinois Summary Suspension Caselaw and Trial Advocacy

Authors

Todd Cohen
Todd Cohen
Todd Cohen is a Managing Partner at Cohen & Donahue, Attorneys at Law, in Palatine and Elgin, where he focuses his practice on criminal and traffic defense. Cohen has been named to the National Trial Lawyers Top 100 for criminal defense and is a board member of the Decalogue Society Board and is a member of the Northwest Bar Association. He also served previously as a White House intern. He earned his B.A. cum laude from Bradley University, where he was the Director of Recruitment for the Interfraternity Council, and his J.D. from the University of Illinois Chicago School of Law, where he was President of the Decalogue Society.
Jeremy S. Harter
Jeremy S. Harter
Jeremy S. Harter is a Managing Partner at Harter & Schottland P.C., in Round Lake Beach, where he focuses his practice on litigation. Harter has been named to the Super Lawyers list, is a member of the Lawyers of Distinction, and is the Secretary for the Executive Board of the Lake County Bar Association. He earned his B.S. from Knox College and his J.D. from the John Marshall Law School.
Brittany Musleh
Brittany Musleh
Brittany Musleh is an Associate Attorney at Cohen & Donahue, Attorneys at Law, in Palatine, where she focuses her practice on criminal defense. Musleh is a member of the Northwest Suburban Bar Association and Arab American Bar Association. She earned her B.S. from Illinois State University and her J.D. from the University of Illinois Chicago School of Law, where she made the dean’s list.

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DUI Caselaw 2025 Edition

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