Illinois DUI FAQs

 Posted on September 12, 2019 in DUI/DWI

There are many myths floating around out there about a person’s rights and obligations when they are pulled over for a DUI. This leads to many questions, and people not being aware of what they should do and what they should not if a police officer pulls them over. It is important that everyone in Illinois knows what the law requires of them, so they do not find themselves in deeper trouble after the initial traffic stop. Below are some of the most frequently asked questions about DUI charges in Illinois, and the answers to them.

What Is a DUI?

DUI stands for driving under the influence. In Illinois, any motorist caught driving with a blood alcohol content (BAC) 0.08 or higher will likely face DUI charges. Driving while impaired by other substances such as medicinal marijuana or prescription medication can also result in a DUI charge. Individuals under the age of 21 and bus drivers must have a BAC of zero.

What Happens During a DUI Traffic Stop?

In Illinois, law enforcement is only allowed to pull someone over for a suspected DUI if they have reasonable cause. This means they must have observed conduct that was not consistent with reasonable driving behavior. If they saw a driver swerving in and out of lanes, for example, that is reasonable cause.

A police officer will likely begin by asking for your driver’s license, vehicle registration, and insurance information. If they still suspect that you are under the influence, they will then ask you to perform certain sobriety tests. If, after performing the field sobriety tests, the officer still suspects you of DUI, they will arrest you and take you to the police station.

It is important to understand that there is no law in Illinois that requires you to take field sobriety tests. Submitting to them could hurt your case in the future, as they are highly unreliable.

What Happens if I Refuse a Chemical Test?

Chemical tests can include breath, urine, or blood testing. While you can refuse field sobriety tests, you cannot refuse chemical testing. Under Illinois’ implied consent laws, all drivers have already given consent for this testing when they get behind the wheel. Anyone that fails to submit to these tests will have their license suspended for one year.

What Is a Statutory Summary Suspension/Revocation?

If you refuse to take the chemical tests or fail the tests, your license is automatically suspended. This suspension takes place 46 days after the date on the suspension notice. Anyone with an Illinois driver’s license that refuses chemical testing in any other state will also have their license suspended in Illinois.

Do I Need an Illinois DUI Lawyer?

Yes. If you have been charged with DUI, there is a lot on the line. You will likely lose your license if you have not already, and you could even face jail time. A skilled Rolling Meadows DUI lawyer will do everything they can to prevent that from happening. At the Law Offices of Christopher M. Cosley, we want to help. We will fight for your rights, ensure the traffic stop was legal, and prepare a strong defense to give you the best chance of a positive outcome. Call us today at 847-253-3100 to schedule your free consultation so we can start discussing your case.

Source:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K11-501