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


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