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

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

Archive