10 Things You Need To Know if You Are Stopped for DUI

Orland Park DUI Defense Lawyer

People who may potentially face DUI charges may be unsure about what to do during a traffic stop and how the actions they take may affect the charges they could face. Understanding the factors that can affect these situations and the rights that people have when interacting with police officers can help ensure that they will be able to effectively defend against a conviction. At Issa Law, LLC, we can provide a defense against DUI charges, and we can help our clients address the factors that affect traffic stops and other issues involved in a case.

What You Need to Know During and After a DUI Traffic Stop

1. You must show the officer your license, registration, and proof of insurance. If the officer asks to see your driver's license or other information related to your vehicle, you must show these to them. Illinois law requires that you have your driver's license on you when you drive, and you must also have the vehicle registration and proof of insurance in your vehicle.
2. You should always be polite to an officer. Being rude, offensive, or belligerent to an officer will not help your cause. An officer may perceive this kind of behavior as evidence that you were intoxicated.
3. Everything you say and do is most likely being recorded by the officer. Most suburban police departments now have on-board video camera recording for every traffic stop, in addition to audio recording through a microphone worn by the officer.
4. You do have to exit your vehicle if requested by the officer. Even if you believe that the officer does not have a valid reason for asking you to exit your vehicle, you must obey a directive from the officer.
5. You do not have to perform any field sobriety tests at the scene. When the officer asks you to "walk in a straight line" or "stand on one leg" or "follow an object from side to side with your eyes," you have the right to tell the officer that you do not wish to take part in those tests, or any other tests. If you think about it, when the officer asks you to do field sobriety tests, what he is doing is asking you to give him evidence that he believes will help convict you of DUI. In fact, in our experience, we have never had an officer say that our clients "passed" these field sobriety tests. When an officer gives you field sobriety tests, they are looking for "clues" that you are intoxicated. Officers always find these clues. Every time. Even when you have not been drinking and are not under the influence of intoxicating substances.
6. You do not have to take a preliminary breath test at the scene. Sometimes, an officer will request that you take a breath test during a traffic stop. This is done by blowing air into a device that provides a reading for the officer. The results of the preliminary breath test are not admissible in court against you, but they can be used by the officer to provide probable cause that you were driving under the influence and arrest you for DUI.
7. You do not have to answer questions at the scene about whether you have been drinking, what you have been drinking, how much you have been drinking, or where you had been drinking. You have an absolute right to remain silent about these issues. The only questions you have to answer are your name, date of birth, address, and additional information required to obtain your truthful identity.
8. You should never resist arrest, even if you feel that the officer has no basis to take you into custody. The law requires you to submit to the officer's arrest, even if you believe the arrest is unlawful or illegal.
9. You do not have to take a breath test at the station. It is your right to refuse to take a breath test. However, it is important to understand that if you do refuse to take a breath test, your driving privileges will be suspended for a minimum of one year if you are a first time offender. However, the court can overturn the suspension for various reasons, and if this is your first DUI offense, you can obtain a permit to drive during the suspension. The breath test results, if .08 or greater, will serve only to strengthen the prosecution's case against you.
10. You do not have to answer questions at the station about whether you have been drinking, what you have been drinking, how much you have been drinking, or where you had been drinking, or any other questions other than your name, date of birth, and address. Your absolute right to remain silent stays with you always, no matter where you are. At the police station, you have a right to refuse to answer any questions other than those questions regarding your identity – name, date of birth, address. You can also assert your right to be represented by an attorney, and you can state that you will not answer any questions unless your attorney is present.

Contact a Tinley Park DUI Defense Attorney

If you have been arrested for DUI, you need a strong defense from a qualified lawyer who has experience in these types of cases. To schedule a consultation and learn how we can help with your case, contact our firm at 708-966-2408.