DUI law in Illinois is complex and continuously changing. A DUI charge is typically comprised of two cases including a summary suspension of your drivers license and the criminal charge(s) for DUI. The summary suspension of your license and driving privileges is based on submitting to and failing a chemical test or refusing the request for testing. The DUI charge(s) can result in jail, fines and a revoked driver's license. Motions for discovery, subpoenas, pre-trial motions, and requests for driving relief need to be prepared, filed and presented properly before the court. Having an experienced DUI attorney is extremely important.
The following information is intended to answer some frequently asked questions regarding a DUI stop in Illinois.
First, it is important that you are respectful and cooperative with the officer. However, it is equally important to know your rights and obligations. For starters, you only must provide a driver's license and proof of insurance and/or vehicle registration to the officer upon request. You are not obligated to give the officer information concerning whether your consumed alcohol or drugs, where you were prior to the traffic stop, etc. Instead you may respectfully tell the officer that you will not be providing the additional information that he or she has requested. Upon being placed under arrest for DUI, the officer should not initiate conversation or question you unless he has read your Miranda rights, which includes the right to remain silent. It is important that you do not volunteer information because your statements can be used against you whether or not your Miranda rights have been read
You are not required to perform field sobriety tests under Illinois law. Examples of field sobriety tests include the walk and turn test, one leg stand test, etc. The police may ask you to perform these tests after a traffic stop but prior to placing you under arrest for DUI. The field sobriety tests should always be refused since there is no penalty for refusing. These tests are generally subjective and unreliable. These tests are being graded by the officer whose generally has already decided to arrest you for DUI. You may politely tell the officer that you will not take the tests. Commonly, the police will not explain that you have the right to refuse these tests during DUI investigation, and they are not obligated to do so.
The officer may also ask you to submit to a preliminary breath test ("PBT") on the street PRIOR to your arrest for DUI. Again, there is no penalty for refusing the PBT.
However, you may face a license suspension for failing or refusing the evidentiary breath test at the police station. The officer will ask you to submit to this breath test AFTER you have been arrested. Sometimes, it is in your interest to take the breath test offered at the police station when you are certain that the amount of alcohol consumed will not result in a breath alcohol concentration ("BAC") of .08 or more. If you are in doubt whether your BAC level is under .08, it is best to refuse this test.
Remember, every situation is unique and presents different issues. It is important to discuss the details of your case with an experienced DUI attorney.
