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

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

Archive