Edwardsville Criminal Defense Law Blog

Medical conditions, ketosis may cause DUI false positives

Some people in Illinois who are on low-carb diets or who have other medical conditions may have false-positive results for a blood alcohol content that is over the legal limit on some types of breath test. A Texas attorney was able to get his client's case dismissed because the man was in ketosis at the time he took his breath test.

Ketosis, which is a state that results from low-carb diets, causes the liver to produce acetone. Acetone can be converted to isopropyl alcohol when it is breathed out, and some argue that certain types of breath tests cannot tell the difference in this and ethanol alcohol. Self-checking testers that use semiconductor technology are probably not reliable, but the portable models that police usually have use fuel cell technology. Manufacturers say these are accurate, but the Texas attorney says no peer-reviewed studies have proven they can distinguish ethanol from isopropyl. Furthermore, one study was published in 2006 that examined a man who could not start a company vehicle that required a breath test using fuel cell technology. The man was on a low-carb diet. Diabetes and acid reflux could also create false positives.

Police enforce no-refusal DUI policies with electronic warrants

If you have followed the news related to drunk driving laws, you realize that the laws change often. Safety advocates may push for stronger laws with stricter sentences, but civil rights groups push back in defense of the rights of the accused.

One important issue is the rights of those accused of drunk driving to refuse to submit to breath or blood tests. Refusing to consent may result in additional penalties. However, how far can police go to obtain the blood alcohol concentration measurement they need to prove you are impaired behind the wheel?

Man faces 10th DUI charge

An Illinois man had his bail for drunk driving set at $1 million after he was taken into custody on April 13. While this is an unusually high amount for a drunk driving offense, it was the 10th time the 55-year-old had been detained on similar charges.

In the latest incident, the man was driving southbound on Interstate 55 when he was stopped by state police. Allegedly, his blood alcohol content was above .08. He is facing two charges of aggravated driving under the influence. This is a Class X felony.

Former police lieutenant charged with stealing opioids

At the end of March, a former Illinois police lieutenant was charged with six crimes, including possession of controlled substances. He left the Joliet Police Department in late 2018.

According to authorities, the defendant is accused of stealing opioids from a drug drop box located within a Joliet Police Department substation in Kendall County. The offense reportedly took place in October. He has been charged with two counts of possession of controlled substances, two counts of official misconduct, one charge of obtaining a substance by fraud and one count of theft. A warrant was issued for his arrest on March 22, but he posted 10 percent of his $30,000 bond, which allowed him to remain free. On April 15, he is scheduled to appear at a hearing at the Kendall County Courthouse in Yorkville.

Illinois felon arrested after drug raid

On March 17, an Illinois man was arrested on drug charges during a safety checkpoint conducted by officers with the Palatine Police Department. Reportedly, authorities raided the defendant's home days earlier, finding cocaine and other drugs.

According to media reports, a search warrant was served at the 31-year-old defendant's home, located on the 1300 block of W. Deer Cort in Palatine, on March 14. During the ensuing search, investigators allegedly uncovered over 100 grams of cocaine, more than 30 ecstasy pills and unspecified amounts of other suspected controlled substances. They also found a Winchester 410-model shotgun and various items of drug paraphernalia, including digital scales, sales packaging and cash.

Three busted for meth during traffic stop

On March 4, three people were taken into custody for drug charges after a traffic stop in Illinois. The incident occurred at approximately 1:55 p.m. in Warsaw.

According to a local television station, a deputy with the Hancock County Sheriff's Office pulled over a vehicle at the intersection of 6th Street and Jackson Street. During the stop, the deputy searched the interior of the vehicle and allegedly discovered methamphetamine, other controlled substances and drug paraphernalia.

Illinois man faces multiple felony drug charges

A Lake County traffic stop on the morning of Feb. 19 ended in the arrest of a known gang member for multiple charges related to drug possession and intention to distribute illicit substances. The local gang task force overseen by the Lake County Sheriff's Office was responsible for the arrest of the 22-year-old male. He had already been identified as a potential affiliate of a local gang by the sheriff's office before the arrest.

The initial arrest was made after detectives determined that the man didn't have a valid driver's license. They also discovered that he was in possession of ecstasy and cocaine. The man was then transported to jail immediately to be held on bond awaiting trial for multiple felony charges.

Illinois man arrested after cocaine found in car

On Feb. 4, police officers arrested a man for allegedly having drugs and drug equipment in his possession. The incident took place at a gas station in Joliet at approximately 7:50 a.m.

According to the Joliet Police Department, officers were called to the scene of a car accident at a Speedway gas station located on the 1600 block of West Jefferson Street. Once on the scene, the officers said they observed drug paraphernalia laying out in the open in one of the vehicles. They searched the vehicle and allegedly discovered multiple plastic baggies containing cocaine. The driver of the vehicle was then taken into custody on drug charges.

How police determine impairment by drugs

If police pull you over under suspicion of impaired driving, they may ask you to take a roadside breath test. While the law does not require you to submit to such a test until after police arrest you, you may agree to take the test and blow into the portable device. If the device shows your blood alcohol concentration to be under the legal limit of .08 percent, you may expect police to send you on your way. Not so fast.

Alcohol is not the only substance that can cause impairment in a driver. In fact, more drivers are behind the wheel after using drugs than ever before, and police are aware that their methods of detecting impairment for alcohol do not work when drugs are the issue. This is why police may turn you over to a drug recognition evaluator if they believe you are impaired but your BAC is below the legal limit.

Proposed legislation would help keep animals safe

Animals in Illinois and throughout America would be protected if the Preventing Animal Cruel and Torture, or PACT, Act passes. Anyone convicted of violating this proposed legislation would be subject to prison time, a fine or both. The legislation was brought forth by a member of each party in the House, and some exceptions would apply. Those exceptions would include killing animals for legitimate hunting purposes or to protect against a dangerous animal.

There is confidence that the bill will be brought up for a vote and passed. It has broad bipartisan support with 284 co-sponsors and endorsements from outside groups. If passed, the PACT Act would prohibit the crushing, burning or drowning of animals. It would also make it illegal to impale or otherwise torture an animal. Individuals could also be charged under this legislation if they are found sexually assaulting or exploiting an animal.

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