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


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