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


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