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


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