A routine traffic stop can quickly escalate into a DUI investigation if the officer suspects you are under the influence of alcohol or drugs. Knowing how to handle such a situation is crucial to protect your rights and avoid incriminating yourself. As a DUI lawyer, I will explain what to do when a traffic stop turns into a DUI investigation in Illinois.
Stay Calm and Compliant
The first and most important thing to do during a traffic stop is to remain calm and compliant. Pull over safely, turn off your engine, and keep your hands visible on the steering wheel. Complying with the officer’s instructions can prevent the situation from escalating and demonstrate your willingness to cooperate.
Know Your Rights
It is essential to know your rights during a traffic stop. You have the right to remain silent and the right to refuse certain tests. Politely decline to answer questions about where you have been or whether you have been drinking. Inform the officer that you choose to remain silent and wish to speak with a criminal defense attorney.
Field Sobriety Tests
If the officer suspects you are under the influence, they may ask you to perform field sobriety tests (FSTs). These tests include the Horizontal Gaze Nystagmus (HGN), Walk-and-Turn, and One-Leg Stand. It is important to know that you are not legally required to perform these tests, and they are highly subjective. Politely decline to take the FSTs, as their results can be used against you in court.
Breathalyzer Test
The officer may also request a preliminary breath test (PBT) using a portable breathalyzer device. In Illinois, you have the right to refuse this test as well. However, refusing a breathalyzer test at the station after an arrest can result in an automatic license suspension under the state’s implied consent laws. Weigh your options carefully and consider the potential consequences before refusing.
Chemical Test at the Station
If you are arrested and taken to the station, you will be asked to submit to a chemical test, such as a breath, blood, or urine test, to determine your blood alcohol concentration (BAC). Refusing this test can result in an automatic license suspension for up to one year for a first offense. However, the refusal can also make it more challenging for the prosecution to prove their case. Consult with an attorney to make an informed decision.
Document Everything
During and after the traffic stop, take note of everything that happens. Document the officer’s actions, any tests performed, and any statements made by the officer. This information can be crucial for your defense. If possible, record the encounter using your phone or a dashcam, but ensure you comply with local laws regarding recording law enforcement officers.
Contact an Attorney Immediately
If you are arrested for DUI, contact an experienced DUI attorney immediately. An attorney can advise you on your rights, help you navigate the legal process, and develop a strong defense strategy. The sooner you involve an attorney, the better your chances of achieving a favorable outcome.
FAQs About Handling a DUI Investigation in Illinois
What should I do if I am pulled over for suspected DUI?
Stay calm, comply with the officer’s instructions, and politely decline to answer questions or perform field sobriety tests. Inform the officer that you wish to remain silent and speak with an attorney.
Can I refuse a breathalyzer test during a traffic stop?
Yes, you can refuse a preliminary breath test during a traffic stop. However, refusing a chemical test at the station after an arrest can result in an automatic license suspension.
What are field sobriety tests, and am I required to take them?
Field sobriety tests are physical tests used to assess impairment. You are not legally required to take these tests, and it is often advisable to decline politely.
What happens if I refuse a chemical test at the station?
Refusing a chemical test at the station can result in an automatic license suspension for up to one year for a first offense. However, it can also make it more challenging for the prosecution to prove their case.
Why is it important to document everything during a traffic stop?
Documenting everything can provide valuable information for your defense. It can help your attorney identify any procedural errors or violations of your rights.
Contact The Law Offices of David L. Freidberg For Your Free Consultation
If you are facing a DUI investigation or charge in Illinois, contact The Law Offices of David L. Freidberg for expert legal assistance. With decades of experience, we are dedicated to protecting your rights and achieving the best possible outcome for your case. Contact The Law Offices of David L. Freidberg for skilled legal assistance. We offer a free consultation 24/7 at (312) 560-7100 or toll-free at (800) 803-1442. Our firm serves clients throughout Chicago, including Cook County, DuPage County, Will County, and Lake County. Let us help you navigate the legal system and fight for your future.