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


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