DGAA bLAWg

Protecting Your Rights During a DUI Stop

Web Admin - Tuesday, June 24, 2014

palatine illinois dui lawyerThe Fourth of July is fast approaching, and like many major holidays it is one of the busiest days of the year for police conducting DUI traffic stops. This heavy police presence makes sense since the Insurance Institute for Highway Safety analyzed federal crash report data and discovered that the Fourth of July is often the deadliest traffic day of the year. In fact, the report reveals a nearly 40 percent increase in traffic deaths during the Fourth of July over the daily average. Given the seriousness with which police view this holiday, it is important for people to be aware of their rights during a DUI stop. People have two main rights that are pertinent to traffic stops: the right to remain silent and the right not to consent to a search.

The Right to Remain Silent

A person’s right to remain silent allows them to refuse to answer police questions during a traffic stop. This means that when the officer asks if the driver has been drinking or where the driver is coming from, the driver is not under any obligation to answer. However, invoking this right involves practical issues. Refusing to cooperate with the officer is technically allowed, but may make the traffic stop more difficult. Consequently, a driver’s being polite and courteous is key, when exercising these rights.

This right extends to refusing field sobriety tests as well. Police will often request that people perform some sort of physical challenge or coordination test to determine if they are sober. While refusing these tests will likely result in a longer traffic stop, it makes it more difficult for the state to pursue a DUI conviction.

Importantly, the right to remain silent is not the same as the right to lie. While the driver does not need to answer the officer’s questions, the information they do choose to provide must be truthful. Further, the right to remain silent also has an exception. The law requires drivers to produce their driver’s license, a copy of their registration, and proof of insurance upon an officer’s request.

The Right Not to Consent to a Search

In addition to the right to remain silent, drivers also have the right to refuse to give the officer permission to search their vehicle. This is not the same as a right not to have the vehicle searched. The officer may still search the car if they have probable cause to suspect something illegal, but evidence from unconsented searches is harder for the state to use at trial.

This right not to consent to a search also affects whether a person must submit to a Breathalyzer test. People do have the right to refuse such a test, however, Illinois has an “implied consent” law, which means such a refusal could result in a driver’s license suspension. Still, that may be preferable to a DUI conviction.

If you were stopped for a DUI this holiday, seek counsel from an Illinois criminal defense attorney. Our skilled team of lawyers defends clients in many northwest suburban towns like Rolling Meadows, Palatine, and Schaumburg.

About the Author: Founding partner of Drost, Gilbert, Andrew & Apicella, LLC, Colin Gilbert, received his J.D. from Chicago-Kent College of law in 2005. Colin argues cases across many practice areas including criminal defense, collections, civil litigation, real estate law, and corporate law. Colin is an active member of the Board of Governors of the Northwest Suburban Bar Association and the Illinois Creditors Bar Association. He is currently Vice President of the Arlington Heights Chamber of Commerce, and is a Commissioner for the Village of Arlington Heights. Colin has a 10.0 Attorney rating on Avvo, and was named one of the 2014 “Top 40 Under 40” Trial Lawyers in Illinois by the National Trial Lawyers Association.


Recent Posts


Tags

modern family estate planning Palatine law firm Long Grove wills and trusts attorneys Rolling Meadows employment attorney traffic violations defense creditors drunk driving Illinois medical malpractice attorney Family Medical Leave Act pedestrian accidents Crystal Lake traffic attorney accidental death benefits insurance claims insurance claim denials Arlington Heights pedestrian accidents IRELA employee rights Schaumburg corporate attorney Palatine estate planning lawyer car crashes Illinois employment attorneys wills and trusts Schaumburg estate planning attorney truck collisions Inverness DUI lawyer Illinois corporate lawyer power of attorney Rolling Meadows insurance dispute lawyers, insurance dispute controlled substance Buffalo Grove injury lawyer estate attorney car crash injuries Schaumburg estate planning lawyer appealing an insurance claim Barrington criminal defense lawyer Illinois wrongful termination lawyer overtime pay Joliet general practice lawyers digital information Arlington Heights wills and trusts attorney landlord Crystal Lake personal injury lawyer Kenilworth estate planning attorneys Illinois insurance claims lawyers Crystal Lake traffic lawyer Illinois motorcycle accident lawyer liability Illinois insurance lawyer Illinois employment law firm life insurance lawyer probate process employees Crystal Lake employment lawyer Illinois jet ski accident lawyer car collision BAC insurance dispute Rolling Meadows insurance lawyer real estate leasing senior citizens Barrington attorney Inverness accident lawyer Illinois job attorney crossover accidents personal injury attorney living trust vs will Buffalo Grove law firm Barrington real estate lawyer Des Plaines real estate attorney Kenilworth estate planning attorney Rolling Meadows DUI lawyer Rolling Meadows employment law attorneys bicycle accidents traffic deaths products liability Deer Park accident attorney Rolling Meadows golf accidents Illinois medical malpractice case head on collisions DUI attorney medical malpractice healthcare Illinois medical malpractice lawyers irrevocable trust Inverness insurance attorney startup company comparative negligence Illinois LLC creation GM ignition switches Chicago employment lawyer Rolling Meadows real estate attorney Inverness personal injury attorney Palatine traffic lawyer Illinois tax attorney Barrington drug crime attorney Arlington Heights estate planning attorney Barrington medical malpractice lawyers employment law, meal breaks, rest breaks, hotel employees, Des Plaines employment law attorneys Illinois car accident attorney Crystal Lake law firm Des Plaines drug crimes lawyer boating under the influence slip and fall accidents Illinois criminal defense attorney Barrington civil litigation attorney BUI Arlington Heights injury attorney Arlington Heights traffic attorney Crystal Lake pet attorney underfunded trust TBI Illinois traffic accident lawyer breathalyzer test Mount Prospect elder law attorney Palatine criminal defense lawyer Illinois pedestrian accident attorney probate claims Do Not Resuscitate estate planning lawyer Illinois employment lawyer Liquor Control Act Rolling Meadows probate lawyer Fourth of July Food and Drug Administration's Food Safety Modernization Act Des Plaines drug lawyer wills Arlington Heights real estate lawyer ObamaCare Illinois pet lawyer boating DUI probate claims process Schaumburg employment attorney coronavirus insurance claim dispute Palatine corporate attorney traumatic brain injuries Illinois insurance claim dispute lawyers Illinois employment law Barrington employment attorney Des Plaines insurance attorney deadly crashes Arlington Heights criminal lawyer Des Plaines real estate lawyer Rolling Meadows corporate lawyer PTSD Arlington Heights Attorney real estate Schaumburg Attorney Des Plaines claims law firm bicycle dooring accidents Illinois Probate Act of 1975 Schaumburg injury lawyer Buffalo Grove employment lawyer Palatine employment lawyer personal injury, auto accident injuries, delayed injuries, serious injuries, Des Plaines personal injury attorneys Crystal Lake medical malpractice law firm holiday statistics Schaumburg employment law attorneys Barrington Illinois estate planning lawyer Illinois insurance disputes Rolling Meadows Traffic Lawyer Illinois workplace discrimination attorney trucking accident lawyers cell phone accidents car accidents Illinois Illinois Workers’ Compensation Commission Arlington Heights employment law attorneys digital assets license suspension insurance denial appeals living wills Crystal Lake will lawyer Arlington Heights personal injury lawyer traffic tickets surgical mistakes automated cars insurance claim delay insurance claim denial School Visitation Rights Act Illinois insurance dispute lawyers living trust benefits workplace sexual harassment Schaumburg estate attorney jet ski accidents Arlington Heights Traffic Lawyer liability claims Jay Andrew insurance agents Illinois boating accident lawyer Chicago will attorney installment contracts Illinois traffic ticket lawyer Illinois personal injury lawyer Des Plaines civil attorney life insurance policy Illinois insurance claim attorney personal injury claims Des Plaines personal injury lawyers Schaumburg elder law lawyer Chicago trucking accident attorney Schaumburg personal injury lawyers FMLA power of attorney for healthcare Des Plaines paid sick leave insurance adjusters Chicago attorney hands free device consent to a search commercial leases Long Grove estate planning attorney Arlington Heights tax lawyer landlord tenant law Buffalo Grove corporate attorney problem employees Illinois employee rights attorney. medication errors wage theft FSLA construction accidents, personal injury, wrongful death, Arlington Heights personal injury attorneys, workers' compensation rollover car crashes pedestrian-automobile accident ACA reckless homicide Palatine insurance lawyer employment contract Illinois Transfer on Death Instrument Deer Park criminal attorney guardianship attorney subcontractor elder law Inverness elder law lawyer digital media accounts, estate planning, Arlington Heights estate planning attorney, small business mass shooting Mount Prospect wills and trusts lawyers involuntary manslaughter breach of contract Des Plaines accident attorney DUI penalities Illinois personal injury attorney trucking accidents commercial real estate anesthesia errors hit and run accident Federal Food Drug and Cosmetic Act gift tax exemption, estate planning, estate planning strategies, Illinois estate planning, South Barrington estate planning attorneys Crystal Lake tax lawyer loopholes Illinois employment laws Arlington Heights wills and trusts lawyers sexual images personal injury Buffalo Grove car accident lawyer civil litigation attorney Illinois Wage Payment and Collection Act employee misclassification condo association Arlington Heights trucking lawyer Schaumburg wrongful death attorney Barrington estate planning attorney Illinois mortgages Palatine elder law attorney foreclosure loss of consortium trench injuries Illinois insurance claim dispute lawyer marijuana crimes attorney Illinois small business Illinois law caregiver DUI Buffalo Grove traffic attorney fault based insurance insurance dispute, insurance dispute lawyers, insurance claim denial, insurance claim delays, Rolling Meadows insurance dispute attorneys Illinois real estate Colin H. Gilbert distracted driving accidents Transfer on Death Instrument Arlington Heights lawyer Illinois speeding lawyer vacation home fines compensatory time Schaumburg car accident attorney Exclusions nursing home negligence drunk driving statistics Fair Labor Standards Act capital gains tax suspended license driving traffic accidents Des Plaines motorcycle accident attorney Arlington Heights insurance attorney Palatine Attorney medical research workers comp car accident lawyer Illinois employment law attorney jet ski Buffalo Grove real estate attorney POA Illinois defective products attorney workers compensation Affordable Care Act Rolling Meadows marijuana attorney Deer Park medical malpractice attorney Schaumburg criminal attorney independent contractor South Barrington real estate attorney drugs whistleblower protections drug possession Forcible Entry Riverwoods estate planning lawyer icy parking lots car accident lawyers Schaumburg insurance lawyers pedestrian accident insurance claim Super Mario estate plan Self-Directed IRA Accounts Deer Park DUI lawyer Illinois home inspection Deer Park personal injury lawyer motorcycle accident lawyer Rolling Meadows Attorney Illinois employment law attorneys right to work comp time Crystal Lake pedestrian accident lawyer pedestrian injuries, pedestrian fatality Palatine civil attorney Illinois probate lawyer estate planning attorney real estate closing Crystal Lake injury attorney brain injury revenge porn pet bites Illinois real estate lawyer social media after death distracted driving accident victims murder charges employment law, Illinois employment laws new real estate form employment lawyer Chicago lawyer BAIID Policy Cancellation personal injury accidents Chicago corporate attorney Employment Discrimination Law privacy tax attorney Crystal Lake bike accident lawyer Arlington Heights wills and trusts attorneys Barrington estate planning lawyer Des Plaines pet law attorney home inspection lawyer probate fees Illinois DUI attorney Illinois red light cameras Illinois personal injury lawyers license revocation Illinois wills and trusts attorneys foreclosed rental property healthcare claims license reinstatement digital evidence Schaumburg construction accident lawyer Buffalo Grove traffic lawyers spinal cord injuries traffic violations texting while driving attorney fees blended families preventing accidents auto accidents Deer Park employment law attorney IRA benefits ken apicella insurance agent negligence fiduciary rule Crystal Lake insurance lawyer special needs trust Mount Prospect real estate lawyer eluding a police officer insurance negligence Rolling Meadows accident lawyer work unions owner responsibility Barrington criminal lawyer Illinois driving without license blood alcohol content defective products Palatine injury attorney internet Rolling Meadows personal injury attorney trust payments civil litigation vacation home Chicago estate planning employment attorney speeding drug crime Rolling Meadows medical malpractice lawyers Rolling Meadows insurance attorney medical malpractice compensation Rolling Meadows insurance dispute lawyers Illinois construction accident attorney car accident Deer Park motorcycle accident lawyer Barrington employment law firm Rolling Meadows litigation lawyer product liability institutional trustee changes to mortgage law personal injury lawyer Long Grove real estate lawyer Illinois wills and trusts swimming pools federal crimes DGAA drug crimes lawyer sexual harassment Arlington Heights accident attorney Illinois injury lawyer life insurance claims advance healthcare directive Illinois Sales Representative Act rest breaks cell phone homestead rights Chicago insurance claim attorneys boating accidents Chicago car accident lawyer criminal record denied insurance claim Palatine construction attorney overtime violations slip and fall Palatine drug lawyer digital assets, digital fiduciary, estate planning, digital content, Long Grove estate planning lawyers dynasty trusts Crystal Lake employment law attorney Des Plaines criminal attorney Palatine civil litigation lawyer Crystal lake insurance dispute attorney unfunded trust Palatine workers compensation lawyer Barrington litigation attorney Arlington Heights wills and trusts lawyer Schaumburg drug defense lawyer Crystal Lake accident attorney Des Plaines collections attorney Palatine corporate law attorneys gift taxes Chicago will attorney, social media platforms, Illinois estate planning lawyer, DNR Illinois traffic attorneys real estate contract Illinois estate planning law firm severance agreements Long Grove real estate attorney Deer Park traffic accident attorney Schaumburg criminal law attorney construction accidents wrongful termination Illinois attorney hiring employees traumatic brain injury estate tax drug crimes Buffalo Grove probate lawyer living trust Rolling Meadows criminal lawyer Schaumburg civil litigation attorney financial advisors Chicago employment attorney sole proprietorship LLCs fatal car accidents Palatine business attorney uninsured motorist Illinois estate planning medical marijuana Rolling Meadows tax attorney Schaumburg probate attorney rollover accidents Crystal Lake business law attorneys civil rights violation pet law Whistleblower Claims Rolling Meadows criminal attorney criminal wrongful death bad faith insurance claims Schaumburg traffic lawyer Barrington personal injury lawyer forming a corporation in Illinois DMV insurance disputes low-ball insurance settlement construction contracts murder defense elder abuse Des Plaines personal injury lawyer first degree murder real estate lawyer Illinois trusts attorney Rolling Meadows personal injury lawyer Palatine employment law lawyer employee discrimination corporate law probate no contest clauses Barrington boating accident attorney Chicago estate planning lawyer real estate attorneys Rolling Meadows personal injury lawyers clemency Schaumburg personal injury lawyer Schaumburg personal injury attorney Barrington employment law attorney Palatine employment attorney employment law Illinois lawyer Buffalo Grove criminal defense lawyer college kids Barrington Traffic Lawyer Chicago biking tips workers compensation benefits estate planning for college students South Barrington real estate lawyer Illinois will lawyer estate planning Illinois insurance attorney Arlington Heights personal injury attorney underinsured motorist Illinois business lawyer employment contract, employment law, employment at-will, Deer Park employment law attorneys, contract, dram shop law life insurance in terrorem provision Buffalo Grove medical malpractice lawyers marijuana natural gas natural gas explosion real estate attorney Des Plaines personal injury attorney IRA trust transfer estate planning, digital assets, Revised Uniform Fiduciary Access to Digital Assets Act, Illinois digital assets, Illinois estate planning, llinois Real Estate Lawyers Association personal injury law firm Illinois collections attorney Illinois civil litigation lawyer job lawyers field sobriety test pizza emoji Crystal Lake estate planning lawyer traffic laws Rolling Meadows traffic law firm Illinois Smoke Detector Act denial of life insurance pain and suffering Mt Prospect Attorney Barrington business law firm Illinois workers compensation lawyer Inverness estate planning lawyer trauma after an accident minimum wage Illinois estate planning attorney Crystal Lake car accident attorney Home Sale Contingencies Legal Info Schaumburg medical malpractice lawyer expungement Schaumburg operating agreements Class A misdemeanor Illinois workers compensation attorney Deer Park real estate law firm Des Plaines tax law firm Des Plaines medical malpractice attorney child safety filing a medical malpractice claim Crystal Lake medical malpractice attorneys Colin Gilbert Rolling Meadows drug defense attorney probate lawyer trustee taxes preventable medical errors contracts Deer Park workers compensation lawyer mortgage premises liability Crystal Lake personal injury attorney investment property Palatine traffic accidents IRS Home Remodeling Repair Act Crystal Lake criminal defense attorney Rolling Meadows traffic attorney Arlington Heights employment attorney dog bites Inverness real estate attorney condo Deer Park traffic lawyer Inverness probate lawyer insurance denials Thanksgiving traffic crimes Illinois trucking safety manufacturing privacy laws medical malpractice, missed diagnosis, delayed diagnosis, medical mistake, Deer Creek medical malpractice lawyers unauthorized overtime Illinois elder law attorney spinal cord injury license Des Plaines injury law firm Arlington Heights car accident lawyer insurance attorney Landlord Tenant Ordinance rent to own real estate contracts Illinois bicycle safety Illinois personal injury Illinois medical malpractice claim commercial leasing Inverness traffic law firm texting and driving meal breaks wrongful termination, employment law, whistleblower protections, Illinois employment laws, discrimination in the workplace Crystal Lake car accident lawyer Inverness real estate lawyer real estate zoning insurance claim dispute attorney cell phone tower data liens medical malpractice claims Retaliatory Discharge Chicago insurance law firm underage DUI agent Arlington Heights car crash attorneys insurance dispute attorney Buffalo Grove personal injury attorney bike accident Arlington Heights medical malpractice lawyer food poisoning rumble strips pregnant women Kenilworth estate planning lawyer Buffalo Grove insurance claim dispute lawyers Barrington injury attorney Inverness civil lawyer Crystal Lake employment attorney caretaker rights Illinois traffic attorney Detainer Actions murder personal injury claim Illinois rollover accident lawyers disability benefits defective products lawyer Des Plaines DUI attorney health insurance dispute Illinois registered agent denied insurance claims unpaid overtime Illinois living will Illinois workplace lawyer Illinois Trust Code unpaid assessment back injuries Inverness corporate attorney Chicago traffic lawyer Illinois business law atorneys Crystal Lake civil litigation lawyer Rolling Meadows car accident lawyers business litigation trusts Arlington Heights TBI attorney Illinois traffic laws Crystal Lake medical malpractice lawyer estate planning trusts estate planning, death tax, succession plans, business estate plans, Barrington estate planning lawyers Long Grove estate planning deed transfer Rolling Meadows business lawyer Schaumburg real estate lawyer criminal defense car crash dealing with problem employees Palatine trusts lawyer Palatine personal injury lawyer Illinois Human Rights Act federal regulations for LLCs income distribution deducation DUI defense motorcycle accident Palatine real estate lawyer Barrington personal injury attorney Inverness injury lawyer Rolling Meadows employment law attorney CAM criminal law fiduciary rule delay traffic offenses Rolling Meadows boating crash lawyer insurance disputes, Illinois insurance disputes, Illinois insurance dispute attorneys, denied insurance claims, Arlington Heights insurance dispute attorneys Palatine probate lawyer Buffalo Grove personal injury lawyer pay when paid contract Palatine punch death Rolling Meadows estate planning attorney Attorney Ken Apicella Long Grove estate planning attorneys residential real estate Des Plaines Traffic Lawyer Barrington workers compensation attorney

Archive