Blog Post by Attorney Gary L. Spencer
What if you are driving home after a holiday party and suddenly you see red and blue lights flashing behind you? What should you do and what should you not do? What is going to happen to you?
Illinois law has made it a crime to drive any motor vehicle while you are “under the influence of alcohol.” Illinois law defines “under the influence of alcohol” as having a blood or breath alcohol concentration of over .08 or after having consumed sufficient alcohol that your ability to think and act with ordinary care is impaired.
To conduct a lawful traffic stop, a police officer must have a reasonable belief that you have violated some law. Most often, the officer has observed some traffic or equipment law violation. The officer will approach the stopped vehicle and, If she sees or even smells the odor of alcohol coming from the interior of the car, the stop will immediately shift into an investigation of whether the driver’s ability to drive safely has been impaired by alcohol or another intoxicating substance.
If the flashing lights come on behind you, you must pull over at the first opportunity to safely do so. You should put your car in park and keep your hands on the steering wheel. Do not reach for things on the floor or in the glove compartment. Do not get out of your car. Sit and wait for the officer to approach.
The officer may approach either the driver’s door or the passenger door. You should roll the window down and be polite to the officer. The officer will likely tell you why you were stopped and will ask for your driver's license, your registration, and your proof of insurance.
The officer will likely then ask you to wait until he returns to his squad car and checks his computer to make sure that your license is valid and that there are no warrants for your arrest. Listen carefully to the officer, follow his directions, and do not argue with or resist him.
When the officer returns to your car, he may ask you any number of questions about where you have been, what you were doing, and if you have been drinking alcohol. You are not required by law to engage in conversation with the officer. Anything that you tell him may later be used in court against you.
If you choose not to answer the officer’s questions, tell him politely that you are asserting your constitutional right to an attorney do not intend to answer any questions. If you assert your right to remain silent, you must still comply with the officer’s orders. Do not physically resist the officer in any way.
If the officer suspects that that you have been drinking, he may ask you to recite a portion of the alphabet or to count from one particular number to another such as “please count out loud for me from 67 down to 49,” or “please recite the alphabet from D to W.” While the officer may request that you perform these or other tests, he cannot order you to do so, and it is within your rights to decline to do so and to remain silent.
If you choose to talk to the officer, he will be listening carefully to your voice and will be observing whether you are able to follow his directions. If you choose to comply with the officer’s requests and you do very well, there is a chance that he may cease his inquiries and send you on your way. There is a greater chance that he will ask you to step from your vehicle and perform some physical “divided attention” tests such as a walk and turn test or a one-leg stand test. He may also request that you blow into a portable breath testing machine.
You must step out of the car if requested to do so, but you are not required by law to perform the tests that the officer is requesting you to perform. The officer cannot order you to do these tests, and you have the right to refuse to do them. He is asking that you do these things to assist him in determining whether you are driving under the influence. Your performance on these physical tests will later be used against you in court if you have not done well. The tests are designed in a manner which may make them very difficult to do well.
If you are arrested for DUI, the officer will request that you submit to a breath/blood or urine test. The most frequently offered test is a breath test. A breathalyzer test must be administered using a certified breath testing device. Before you blow into the machine, the officer will read a printed document to you which warns you of the ramifications of taking or refusing the breath test. While the law deems that you have consented to “blow into the machine,” the officer cannot force you to do so. The officer may ask you to blow into a preliminary testing machine at the scene in addition to blowing into the certified machine at the police station. If you refuse to blow into the certified machine, you will face a longer license suspension, but if you blow into the machine and the result of that blow is above a .08, the fact that you were driving while intoxicated becomes much easier for the prosecution to prove beyond a reasonable doubt.
If you are arrested for a DUI, you will in most cases be released after the arrest processing is completed. That will often be two to three hours after the traffic stop.
When a person is ticketed for DUI, that person will be charged with a criminal offense and will also face additional administrative sanctions imposed by the Illinois Secretary of State. The administrative sanction consists of a suspension of the person’s driver’s license, called a statutory summary suspension (SSS). For a first offender, that statutory summary suspension of the driver’s license will be for a minimum of six (6) months. The length of that administrative suspension of the driver’s license is doubled if you refuse or fail to complete the breathalyzer test.
The Illinois Secretary of State has a great deal of information on its website (ilsos.gov) which anyone can access to become educated about Illinois DUI laws. It is a good idea for all drivers to review that information. Both the administrative and criminal penalties for DUI are quite severe, even for a first offense. They become even more severe for subsequent offenses.
A DUI can have life-changing consequences. By far the best way to avoid being arrested for DUI is to not drive after you have consumed any alcohol, or to have a designated (non-drinking) driver if you plan to have a few drinks at a holiday party or get-together. Being arrested for a DUI can affect your life for many years to come.
Illinois DUI law is complex and confusing. If you are arrested and prosecuted for DUI, you should seek representation from an experienced DUI attorney. The attorneys at The Mertes Law Firm have defended hundreds of people who have been in your situation, and we can help.