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


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