The following article provides the answers to some common questions regarding Illinois DUI law.
Field Sobriety Tests
There is no legal requirement to submit to field sobriety tests under Illinois law. Field sobriety tests are typically requested by the police after a traffic stop but PRIOR to your arrest. Some standard field sobriety tests include the walk and turn and one leg stand test. These tests should always be refused because they are subjective, unreliable, and there is no penalty for refusal. You should remember that you are being evaluated by the officer who has likely already decided to arrest you for DUI. You may politely and directly state to the officer that you will not take the tests. The police usually do not inform you of your right to refuse these tests during a DUI investigation, and they are not obligated to do so.
Breath Tests
Additionally, there is no penalty for refusing the preliminary breath test (known as a PBT), which is offered on the street PRIOR to your arrest for DUI. HOWEVER, your driver's license may be suspended for failing or refusing the evidentiary breath test at the police station which is requested AFTER you have been arrested. It may be in your interest to take the breath test offered at the police station if you know that the amount of alcohol that you consumed could not result in a BAC of .08 or more.
Penalties
A first offender who either pleads guilty or is found guilty after trial may be eligible for court supervision. Court supervision on a DUI usually includes fines, an alcohol evaluation, alcohol classes, and attendance at a victim impact panel. Also, under certain circumstances court supervision may include community service and regular reporting to a court monitoring officer. The officer verifies that you are in compliance with the conditions of the court order. Rarely, a first offender may face the threat of jail time. This may happen particularly if there are serious aggravating circumstances such as an accident with injuries or death.
Those other than first offenders who are still charged with a misdemeanor (not felony) will face all of these same conditions as well as a higher risk of jail time and the revocation of your Illinois driver's license. The charge of felony DUI may occur based on the facts and circumstances of the case and criminal history. A felony DUI may carry even more severe penalties.
Legal Fees
The amount that you can expect to pay in legal fees depends on the complexity of your case and the type of DUI (misdemeanor or felony) that you are charged with. Every DUI arrest is unique. As a result, a thorough, in-person consultation with an attorney is necessary to evaluate your case, prepare the best course of action, and discuss anticipated costs. It is important to note that a DUI charge is generally comprised of two separate cases: 1) A summary suspension of your driver's license and driving privileges based on submitting to and failing a chemical test or refusing the request for testing; and 2) the criminal charge(s) for DUI which can result in jail, fines and the revocation of driving privileges. An experienced attorney will prepare and file motions for discovery, subpoenas, pre-trial motions, and requests for driving relief.
Your attorney primary goal at the outset is to obtain a full dismissal. If not possible, your attorney's overriding goal should be to minimize the effect of the DUI charge on your personal and professional life. A DUI lawyer will also guide you through the process and give you your best chance at receiving the most favorable disposition of your case.
