Disable Highlighting

Highlight Options

Actions

List of Forms

You must be a paid subscriber to access the downloads

Table of Contents

List of Forms by Chapter

Chapter 1 — Illinois DUI Caselaw and Trial Advocacy — Pretrial

Chapter 2 — Illinois DUI Caselaw and Trial Advocacy — Trial

I. [2.1] Complaint

[2.2] Proper Party Plaintiff

[2.3] Verification of Complaint

[2.4] Complaints Held Insufficient

[2.5] Complaints Held Sufficient

[2.6] Amendment of Complaint or Addition of New Charges

[2.7] Before Trial

[2.8] During Trial

[2.9] After Trial

Methods of Challenging Complaint

[2.10] Motion to Dismiss the Charge

[2.11] Motion in Arrest of Judgment

[2.12] Appeal of Conviction

II. Elements of the Offense

[2.13] Vehicle

[2.14] Place of Violation

[2.15] Proof of Venue

[2.16] Prosecution of Juveniles

[2.17] The Per Se Law

[2.18] Constitutionality of the Per Se Law

[2.19] Alternative Count

[2.20] Intent Not Required

[2.21] Presumption Issue

[2.22] Proof of Blood Alcohol Concentration While Driving

[2.23] Proof Required To Show Defendant Was Under the Influence

[2.24] Evidence of Refusal To Submit to Testing

[2.25] Cases Affirming Conviction

Typical Defenses to the DUI Charge

[2.26] Injuries Sustained by Defendant

[2.27] Disease

[2.28] Alcohol Consumption Following Accident

[2.29] Failure to Show Intoxication at Time of Driving

[2.30] Insufficient Evidence

[2.31] Necessity

[2.32] Compulsion

[2.33] Entrapment

Double Jeopardy

[2.34] In general

[2.35] Summary suspension as a basis for claiming double jeopardy

[2.36] Collateral Estoppel

[2.37] Judicial Estoppel

[2.38] Compulsory Joinder

[2.39] Insanity

Other Reasons for Reversal of Conviction

[2.40] Inconsistent Testimony of Prosecution Witness

[2.41] Trial Court Considers Improper Evidence

[2.42] Conduct of Trial

[2.43] Right to attorney at trial

[2.44] Ineffective assistance of trial counsel

[2.45] Conduct of judge

[2.46] Increased punishment for exercise of right to trial

[2.47] Prejudice due to attendance of members of activist groups

[2.48] Failure to conduct fitness hearing

[2.49] Conduct of prosecutor

[2.50] Proof Required To Show Actual Physical Control

[2.51] Proof Required To Show Driving

[2.52] Admission of Driving

[2.53] Corpus Delicti

[2.54] Circumstantial Evidence of Driving

[2.55] Cases Affirming Conviction

[2.56] Cases Reversing Conviction

III. Chemical Tests

[2.57] In General

[2.58] Selection of Type of Test

[2.59] Right to Independent Test

[2.60] Tests of Persons Unconscious or Incapable of Refusal

[2.61] Test of Driver Who Receives a Ticket Following a Collision Involving Death or Injury

[2.62] Preliminary Breath Tests

[2.63] Purpose of Preliminary Breath Test

[2.64] Admissibility of Results of Preliminary Breath Test

[2.65] Approved Preliminary Breath Test Devices

[2.66] Evidentiary Chemical Tests

Preliminary Considerations Regarding Chemical Testing

[2.67] Probable Cause

[2.68] Arrest

[2.69] Consent and State Action

[2.70] Warnings

[2.71] Rules of Illinois State Police Regarding Chemical Tests

[2.72] When Compliance is Not Required

[2.73] Reckless homicide cases

[2.74] Civil cases

[2.75] Tests taken upon defendant’s request

[2.76] Hospital blood tests for treatment

[2.77] When Compliance is Required

[2.78] Judicial Notice of Rules of Illinois State Police

Sources of Error in Breath Testing

[2.79] Failure to require duplicate tests

[2.80] Conversion formula

[2.81] Delay in testing; retrograde extrapolation

[2.82] Foundation Requirements for Breath Testing

[2.83] Operator must be trained and certified

[2.84] Breath machine must be approved type

[2.85] Breath machine must be tested for accuracy

[2.86] Observation requirement

[2.87] Results must be printed and displayed

[2.88] Written results must be identified with defendant

Foundation Requirements for Blood and Urine Testing

[2.89] In general

[2.90] Blood or urine test conducted upon officer’s request

[2.91] Caselaw Relating to Rules

[2.92] Chain of Custody

[2.93] Medication or Treatment Prior to Test

[2.94] Use of Blood or Urine Analysis as Prima Facie Evidence

[2.95] Blood Testing of Person Taken to Hospital for Treatment of Injuries

[2.96] Compliance with 625 ILCS 5/11-501.2 and Rules of Illinois State Police Is Not Required

[2.97] Physician-Patient Privilege Does Not Apply, Exceptions to Privilege

[2.98] Statutory Authority for Introduction of Hospital Blood Test

[2.99] Introduction of Hospital Test Result as Business Record; Chain of Custody Not Required

[2.100] Challenges to Hospital Serum Blood Test

[2.101] Use of Expert to Introduce Extrapolation of Test Result

[2.102] Obligation of Hospital to Disclose Test Result to Police

[2.103] Out-of-state Blood Tests

IV. [2.104] Horizontal Gaze Nystagmus Testing

V. [2.105] Field Sobriety Tests

VI. Evidence

[2.106] Stipulations

[2.107] Judicial Notice of Testimony in Other Proceedings

Direct Examination of Prosecution Witnesses

[2.108] Use of Reports

[2.109] Evidence of Chemical Analysis Test

[2.110] Evidence of Refusal To Submit to Breath Test

[2.111] Cross-Examination of Arresting Officer

[2.112] Observations at the Scene

[2.113] Field Sobriety Tests

[2.114] Cross-Examination of Complaining Witness

[2.115] Direct Examination of Defendant

[2.116] Use of Expert

[2.117] Video Recordings

[2.118] Audio Recordings

VII. [2.119] Driving Under the Influence of Drugs

[2.120] Confession or Admission

[2.121] Body Marks Evidencing Drug Use

[2.122] Search of Defendant or Vehicle

[2.123] Testimony of Officer Experienced in Drug Recognition

[2.124] Evidence of Blood or Urine Tests

VIII. [2.125] Driving Under the Combined Influence of Drugs and Alcohol

IX. [2.126] Driving with a Trace of Cannabis or Controlled Substance

X. [2.127] Compassionate Use of Medical Cannabis Pilot Program Act

XI. [2.128] Alternative Counts

XII. [2.129] Multiple Convictions

XIII. [2.130] Motion for Finding for Defendant

XIV. [2.131] Instructions to the Jury

[2.132] Instruction Set No. 1: Prosecution Based on Driving with a Blood Alcohol Concentration of 0.08 or More (625 ILCS 5/11-501(a)(1))

[2.133] Instruction Set No. 2: Prosecution Based on Driving Under the Influence of Alcohol (625 ILCS 5/11-501(a)(2))

[2.134] Instruction Set No. 3: Prosecution Based on Driving Under the Influence of Any Intoxicating Compound or Combination of Intoxicating Compounds (625 ILCS 5/11-501(a)(3))

[2.135] Instruction Set No. 4: Prosecution Based on Driving Under the Influence of Drugs (625 ILCS 5/11-501(a)(4))

[2.136] Instruction Set No. 5: Prosecution Based on Driving Under the Combined Influence of Alcohol and Drugs or Intoxicating Compounds (625 ILCS 5/11-501(a)(5))

[2.137] Instruction Set No. 6: Prosecution Based on Driving While There Is Any Amount of a Drug, Substance, or Compound in the Person’s Breath, Blood, Other Bodily Substance, or Urine Resulting from the Unlawful Use of a Controlled Substance or an Intoxicating Compound (625 ILCS 5/11 501(a)(6))

[2.138] Instruction Set No. 7: Prosecution Based on Driving While the Person Has, Within Two Hours of Driving or Being in Actual Physical Control of a Vehicle, a Tetrahydrocannabinol Concentration in the Person’s Whole Blood or Other Bodily Substance (625 ILCS 5/11-501(a)(7))

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.

Highlight Options

DUI Caselaw 2025 Edition

An IICLE® Online Library subscription is required to view this content. For more information or to subscribe, click here.