Chicago DUI FAQ's

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Can I consult with an attorney before taking a field-sobriety test?
In the state of Illinois, and in most states, your right to an attorney or counsel is not available until you are formally arrested or placed in custody. If you still believe you need an attorney, it is ok to request an attorney, during the stop. Listen carefully to the officer's reply to your request for an attorney; this reply may come back to be significant if the officer misrepresents the law to you. Moreover, any inaccurate information given by the officer could reflect upon the officer's credibility and could be used to impeach the officer at trial.

What do I do if I am pulled over for a DUI in Illinois?:
First, always be polite to the police officer EVEN IF the officer is rude and disrespectful toward you. The officer will use his position of power and attitude in an attempt to try to get you to make statements to use in court to convict you of a DUI. Don’t do their work for them.

Second, do not make any statements other than what is on your driver’s license. Keep in mind that officers don’t necessarily need to issue you Miranda warnings when they first encounter you. Did you know that officers will use your statements as simple as the incorrect TIME OF DAY as proof that you are drunk! Quite simply, officers are highly trained in this area. You are not. Politely decline to make any statements other than what is on your driver’s license. Memorize, "I politely decline to make any statements."

Third, ALL field sobriety tests as well as the preliminary breathalizer test AT THE SCENE should be politely refused. Simply say, "No thank you, Officer." In Illinois, it is not mandatory that you perform field sobriety tests or submit to a preliminary breathalizer. Again, do not give the Officers and the State evidence to use against you to suspend you driver’s license and convict you of a crime!

Finally, keep in mind after you are arrested, usually at the jail, you MUST submit to testing to determine the presence of alcohol in your blood. In Illinois, you do NOT have a choice to refuse testing. Do not be combative with officers or the nurse at the jail and do not make any statements to anyone there.

What Happens To First Time DUI Offenders in Illinois?:
The first DUI offense is a misdemeanor punishable by up to six months in jail, a $1,000 fine, mandatory DUI School and attendance at a Victims Impact Panel, in addition to court costs, a $60 chemical test fee, and a DUI education course. If your blood alcohol level was 0.18 or more or you are under the age of 21, you must also pay $100 to have an alcohol evaluation done.

How do I know if my blood alcohol content is .08 or more?:
Each person's blood alcohol content from drinking certain amounts of alcohol will vary, depending upon a number of factors. The main factor is your weight. To calculate your blood alcohol content based upon having normal drinks such as a 12 oz. beer, a 4 ounce glass of wine, or a single mixed drink containing a one ounce shot of 100 proof liquor, the following rule of thumb is an illustration

What type of reasons does the police or highway patrol need to pull me over to see if I am driving under the influence?:
The officer must have what is legally termed a "reasonable suspicion," based on something unusual that is actually observed about the way a person is driving. This is a very low standard and it can be satisfied by virtually anything which appears out of the ordinary and that might be a sign of a driver being under the influence. In addition, during holiday seasons, police officers typically set up field sobriety checkpoints where they routinely stop every driver who passes through the checkpoint. These checkpoints do not require the officer to observe anything suspicious about a person before stopping and investigating someone.

OK DONE __ What will happen when I am pulled over by an officer who suspects that I have been driving under the influence?: The officer will ask you to get out of the car and will instruct you to perform a series of "field sobriety tests." These are standard physical agility test which include the one or more of the following:

Reciting the alphabet from A to Z;
Counting backwards
Closing your eyes and bringing both index fingers together;
Walking along a straight line and turning;
Standing on one foot for a few seconds;

In addition to these tests, officers may use other field sobriety testing devices such as the breath meter. Another test is your pupil reaction to light when the officer shines a small light into your eyes..

What happens if the officer believes that I have not performed the field sobriety tests satisfactorily?:
At that point you will be told that you are under arrest for driving under the influence. You will be hand cuffed, searched for weapons, placed in the back of the officer's car and taken to a jail for further tests. At the jail you will also be booked and held there until you post bail or until a judge releases you on your own recognizance without bail. Once again, as upsetting and as stressful as being arrested may be, it is essential that you continue to act courteously and cooperatively with the officer. Do not argue, threaten or become belligerent in any way. This type of behavior will only make the experience even more unpleasant for you.

Should I consent to a chemical test to determine my blood alcohol concentration? In the state of Illinois, as in almost all states, a driver is required to submit to a chemical test of his blood, breath or urine upon request of the police officer. The consequences of refusing to submit vary from state to state. In Illinois you MUST submit to either the blood test or breath test. There is NO right to refuse. IF you do refuse you will forced to give a blood sample.

In the trial of the drunk driving charge in a court of law ,in some states , your refusal will in all probability be introduced by the prosecution as evidence of your "consciousness of guilt." Without a doubt, however, a competent criminal defense attorney will offer other reasons for your refusal. The decision to refuse a chemical test is one not to be made lightly. If you believe that submitting to a chemical test will produce evidence of a high blood alcohol concentration, you must weigh that against the consequences for refusing to submit. As stated above you do NOT have this option in Illinois.

Which chemical test should I choose?
In the state of Illinois, as in many states, the police officer will offer you a choice of breath, blood or urine tests. In many areas, urinalysis is no longer available. If one of the tests is not available, you will have to select from those that are; i.e., if urinalysis is not available, you are going to have to choose breath or blood. You do not have a right to choose urinalysis and then try to argue it's their problem that they didn't have it available. You will lose this argument. The officer will in all likelihood treat you as a "refusal" and all of the adverse consequences associated with a refusal will occur.

If you choose a breath test, at the completion of the test you may ask the officer for a second test of either blood or urine so that your defense attorney can run an independent test to compare the results against the breath test. Most likely they will NOT do this. It is important to remember that if you are concerned that there may be any substance in your body, other than alcohol, then by all means select only breath test. Also if you are going to take a breath test, hyperventilate carefully while being transported to the jail for your test. This will lower the alcohol concentration in you lungs.

The most accurate test is a blood test. The next most accurate test is breath and the least accurate is urinalysis. If you are sure of your sobriety, choose blood.There is an additional benefit of taking the blood test., you may retest the sample. We have won many cases with this technique. Or in the alternative, take a breath test and ask for a blood test as a second test. If you are concerned about your state of sobriety, choose a urine test, if possible.

What are the penalties for driving while under the influence?:
Drunk driving penalties have become very severe in the past few years. For a first offense, the maximum possible penalties the court could impose are:

6 months in the county jail;
$1,000 fine plus up to an additional $1,950 in penalty assessments;

Additionally, your car will be impounded and the DMV will suspend your license for up to 6 months.

Second, third and fourth offenses within 7 years are punished by increasingly more harsh penalties. For third and fourth convictions, your license must be revoked for 3 and 4 years respectively. A fourth offense can even be prosecuted against you as a felony carrying a maximum term of 3 years in state prison along with your car being ordered sold and the proceeds going to the state.

Should I get a lawyer or can I represent myself?

You certainly have a right to represent yourself, but remember the very old legal maxim that goes, "He who represents himself has a fool for a client." A drunk driving charge requires an expert drunk driving attorney, someone who is familiar with the analysis methods, evidentiary issues and constitutional issues that will be faced in a drunk driving trial. Would you perform major surgery on yourself? If not do not represent yourself.

If you are going to seriously defend yourself against a drunk driving charge, you are going to need an experienced drunk driving attorney. How do you determine what kind of attorney you need? The attorney who prepared your will, the attorney who handled your divorce, or the attorney who handled your personal injury or worker's compensation case will probably not be the attorney you need. You wouldn’t hire a foot doctor to perform heart surgery, would you? The best way to find a qualified attorney is to ask questions of that attorney and establish his or her qualifications.

Contact a Chicago DUI Defense Attorney

River North - Downtown Chicago (The Loop) - Lincoln Square - South

DUI Resources

Victims Resources

Mothers Against Drunk Driving

Resources

Justice Resources

Impaired Driving Division
NHTSA's Impaired Driving Division provides information on drunk driving from a legal and social perspective with preemptive measures.

Insurance Institute for Highway Safety
An informational chart about drunk-driving laws in all 50 states including the District of Columbia