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


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