Robert J. Callahan | Chicago Criminal Defense Lawyers
Robert J. Callahan | Chicago Criminal Defense Lawyers
Sep 18, 2018
You see them around the holidays. Labor Day, Fourth of July, Thanksgiving. DUI checkpoints popping up on the roads. The United States Supreme Court first upheld the constitutionality of these warrantless, probable cause free stops in 1990. Since then, States crafted their own specific legal rules and regulations for DUI checkpoints, with some outright prohibiting them. Ten states, in fact, outlaw DUI checkpoints. Illinois is not one of them. DUI checkpoints are not only legal in Illinois, they are extremely effective at providing lock solid evidence against those caught in their net. A Mobile Breath Test trailer is typically available. Often, a Judge is on hand to sign warrants to draw blood for those suspected of DUI at a checkpoint. Blood alcohol evidence taken pursuant to a warrant, while not impossible to challenge, is a very difficult and expensive endeavour. You will need your own expert to contest the blood draw’s findings. Your best bet is to avoid a DUI checkpoint all together. So how can you? What if you go to pick up another sixer and find yourself in a line of cars headed to the danger zone? CAN YOU PULL A U-TURN TO AVOID A DUI CHECKPOINT? TECHNICAL ANSWER: YES REAL LIFE ANSWER: NO The Illinois Supreme Court addressed this question just over two years ago in People v. Timmsen.
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