Illinois DUI Traffic Stop – Why Was I Stopped?
Reader’s Question:
When I was arrested for DUI here in Evanston, Illinois, I really didn’t understand why the officer asked me to pull over. I don’t remember that I committed any traffic violation. What are the possible reasons why an officer could ask a driver to pull over because of a DUI suspicion?
Bonnie
Evanston, IL
On your DUI arrest in Evanston,, the police officer should have had a ‘reasonable suspicion’ to pull you over. It may constitute a ‘reasonable suspicion’ if the police officer observed that your vehicle was swerving over lanes. Similarly, if you were driving with a broken headlight, broken taillight, driving too fast or even with your high-beams on (in traffic), that could also be sufficient ‘reasonable suspicion’ to pull you over. But if after an investigation of your DUI case that it is discovered that your broken taillight was nothing more than a crack in the red plastic, or if you were driving with your high-beams on and a significant distance from other vehicles, the DUI stop would be considered illegal and an appropriate motion to suppress and could result in an order excluding all evidence after the illegal stop.
The evidence that can be excluded would be the police officer’s observations, breath test results, field sobriety tests and anything else that the state attorney might rely on to obtain a conviction. It has also been found that minor swerving within lanes could be an insufficient reason for an officer to stop your vehicle. Similarly, since newer vehicles are equipped with three or more tail lights, a DUI stop for a malfunctioning tail light is improper if two of the three tail lights on your vehicle were operating properly
Illinois DUI Charge – What Will It Cost Me?
Reader’s Question:
They say that even if I don’t fight my DUI case, it would still affect my finances greatly. Will it cost me too much money if I lose my DUI case here in Des Plaines, Illinois?
Alfred
Des Plaines, IL
The costs of a DUI arrest are great both emotionally and financially. It’s true that even if you don’t fight your DUI case in Des Plaines, Illinois, there would still be a big hit on your finances. But I still suggest you would because the fines and surcharges if you lose your DUI case could be unimaginable. Aside from the fines, penalties and surcharges that the court can impose on you, you might also have to pay for an ignition interlock device if the judge decides it is necessary. This device is a breathalyzer put in the steering column of your car. The vehicle would not start unless it shows that your blood alcohol content is below a certain level.
It would also cost you money if your driver’s license is taken from you when you are arrested. For 30 days, you would have a “temporary license” in which you could still legally drive. If your driver’s license is suspended by the DMV, you could apply for a temporary license, but there would be fees to pay for that too. And if you continue to drive a vehicle while your driver’s license is suspended, you would also incur additional criminal charges and all the costs involved.
Illinois DUI Arrest – What Should You Do?
Reader’s Question:
I’m afraid that the same thing could happen to me because my sister was recently arrested for DUI in Champaign, Illinois. What are the things that I would have to do first and foremost if I get pulled over and arrested for DUI?
Jadyn
Champaign, IL
If you are pulled over and arrested for DUI in Champaign, Illinois, the first thing that you would have to do is to find a safe place to pull over. As soon as the officer decides to pull you over for DUI suspicion, he starts making observations that he will write in the police report. This document could have a decisive impact on the outcome of your DUI criminal trial and your DMV hearing. The officer would make a mental note of how you pull over. The officer would note it in the report if you slow down too abruptly, pull over in an unsafe location, or drive erratically.
Also remember not to make sudden movements because officers are trained to be cautious and to protect themselves. They always approach the vehicle from behind so that they have a clear view and so the driver would have to turn completely around in order to attack or shoot them. Be polite as well because this way, you are far less likely to be arrested. If you’re hostile or rude, the officer would likely do everything possible to get you convicted, including writing an incriminating police report. You should comply if the officer asks you to step out of the vehicle, otherwise you could be charged with resisting arrest.
Illinois DUI Case Going to Trial – How Long Will It Take?
Reader’s Question:
I just wonder how long it will take if I fight my DUI case here in Illinois. I am thinking that I just work out a deal rather than going to trial to get this over and done with. Is it true that a DUI trial could take months?
Zaire
Berwyn, IL
Yes, if you take your DUI case in Berwyn, Illinois to trial in front of either a judge or a jury, it would take you some number of months. There could be two or three court dates before a trial, which would probably be six months out. It could take a total of six months to a year for the case to be resolved for a jury trial. There is a possibility to skip preliminary motions and schedule a bench trial immediately in some circumstances. This would usually limit your DUI defense options so it does have disadvantages but it could give you a chance to resolve the case in two months or less.
If you work out a deal rather than going to trial, it would be very likely that you can have the minimum penalty available under the law. Your DUI case would be continued without a finding for one year. The judge would suspend your license for 45 days (consecutive with the six-month breath test refusal or 90-day failure suspension), and you would pay a number of fees and fines. The conditions of your probation would be that you attend and complete the alcohol education program.
Possible Illinois DUI Defenses?
Reader’s Question:
My cousin is thinking about getting a DUI lawyer to help him on his DUI charge in Illinois. What are the possible defenses that he can use on his DUI case?
Floyd
Skokie, IL
There are a lot of challenges and defenses that your cousin could use on his DUI case in Illinois. So let’s start with the challenges to the DUI stop. First of all, he can use as a defense that the officer didn’t have a valid reason to pull your cousin over or no police officer actually saw your cousin driving. Another defense is with regard to the challenges on probable cause to arrest your cousin if the officer didn’t have enough reason to arrest and if the officer didn’t use proper technique and graded him unfairly.
Next are the motions to suppress evidence like if the Miranda Fifth Amendment rights were violated and if your cousin was not warned of his implied consent rights. Evidence can also be suppressed if the police officer searched the vehicle illegally and coerced your cousin into performing field sobriety tests. The police officer could have manufactured the evidence and a good DUI lawyer can definitely find out about it.
Illinois DUI Effects After Conviction?
Reader’s Question:
We’re very much worried about my son’s DUI arrest here in Illinois as he was driving home from work. We all understand he is facing a complicated case. Aside from the penalties involved, what could be the lasting effect of DUI on him if he will be convicted?
Kael
Palatine, IL
It is no hidden secret that your son may lose his driver’s license and car after his DUI arrest in Illinois. If he will be convicted for DUI, the possible long lasting effect of it would be on is job. Think of DUI penalties as a domino effect. The judge will assign your son with so much community service that he may be forced to take time off from work. He may be wasting time picking off litter off the highway when he could be closing a deal at work. And as he is taking time off from work, he is making less money.
If he can’t afford to pay bail, his employer may feel bad about him spending time in jail and would not take that very well. Losing his driver’s license is not where the worries end. He now has to find new transportation to get to work and earn a living. He might not be that popular with his friends and co-workers if they are driving him everywhere. At this point, you have to find a DUI lawyer who would fight for your son not only to get him out of jail and pay fines, but also to save his job.
Illinois DUI Record Expungement
Reader’s Question:
My brother has a DUI conviction in Illinois and I have been doing several researches about the DUI state laws. I came across some information about clearing a DUI record. Is it true that he can have this DUI conviction completely erased?
Nadine
Schaumburg, IL
Your brother’s DUI conviction in Illinois does not have to haunt him for a lifetime. In fact, he can expunge his criminal records, remove all his record of a past arrest and he can move on with his life and put those past transgressions behind him.
Your brother can obtain an expungement after he has completed supervision, and waited for the obligatory statutory period of time to expire. When this occurs, his DUI lawyer can file a petition with the State’s Attorney, the clerk’s office, the local arresting agency, and the State Police stating that he intends to expunge his arrest records. The police will have the opportunity to present any objections they may have to the court, and the court can either deny or grant the petition. In the event the court denies his petition, he can appeal to a higher court. One more thing is that the only way to get a conviction off of his record is to petition for executive clemency. His DUI lawyer should have experience in executive clemency and will petition the Governor’s office through the Illinois Prison Review Board. Clemency does not erase the crime, though, rather it simply forgives it, so that the conviction may no longer be used against him.
Illinois Drunk Driving DUI Arrest – What Are The Signs?
Reader’s Question:
I have never been arrested for drunk driving here in Illinois because I actually don’t drink and drive. But I’ve been following some news and information about DUI because a friend of mine has been convicted before. I just wanna know, what signs are the police officers looking for if they ask a driver to pull over because of a DUI suspicion?
Joe
Aurora, IL
Usually, in Illinois, a driver is asked to pull over because of a DUI suspicion if he/she is drifting between lanes, swerving erratically while driving, making excessively wide turns, driving at extremely high or low speeds or stopping abruptly for no reason. But once the driver already stopped, the police officer is often looking for some signs which are commonly associated with drunkenness or illegal drug use. These signs are often exhibited by drivers who are drunk driving, have taken medications before or while driving and/or have taken illegal drugs.
If a driver is asked to pull over, the characteristics or signs that police officers usually look for in a driver suspected for driving under the influence are as follows:
-a face which is flushed, reddened, blank or expressionless
-jerky eye movements
-eyes which are watery or red
-slurred speech
-slow to react
-poor coordination or poor balance
-irritability
-slow recall or memory
-tiredness or fatigue
-nausea / vomiting
-excessive sweating
Illinois DUI Help
Reader’s Question:
My sister has just been charged with DUI here in Illinois. I have heard so many things about DUI such as all people accused of DUI are guilty, DUI is a minor offense, that any lawyer can defend a person charged with DUI, DUI cases cannot win and that a DUI case is similar to any other case? Which of these things about DUI are true?
Lindsay
Arlington Heights, IL
There many myths surrounding DUI cases at present. If you want your sister to increase her chances of winning her DUI case in Arlington Heights, Illinois, don’t believe in any of these things. It is not true that all people accused of DUI are guilty. It should always be remembered that a person is “innocent until proven guilty.”
It is also definitely not true that DUI is just a minor offense. DUI is a criminal offense that can escalate into a bigger crime, especially when injury or death is the result of an act. DUI can even send the offender to jail.
Regarding what you heard that any lawyer can defend a person charged with DUI, this is actually always not the case. There are many lawyers who specialize in DUI case. They can help your sister better than other lawyers who are just general practitioners of law.
It is also not true that DUI cases cannot win. Please, don’t ever believe this. A good Illinois DUI lawyer can help your sister win her DUI case, provided there is enough evidence to defend her. The last thing that you mentioned that a DUI case is similar to any other case is also not true. A DUI case is being surrounded by different circumstance and requires different types of evidence. The outcome of the case cannot be predicted but a good DUI lawyer can increase your sister’s chances of winning.
DUI in Illinois – What Happens If I am Caught?
Reader’s Question:
I am an occasional drinker and when I drink, I usually just drive myself home. I have never been charged with DUI here in Joliet, Illinois, but if I will be caught drunk driving, what do I stand to lose?
Clay
Joliet, IL
If you are a drinker, it’s a good thing that you want to know what you stand to lose by driving drunk. To know why this is such a bad idea is essential to help you plan before you head out to party and drink and drive yourself home.
In the state of Illinois, the legal limit for blood alcohol content (BAC) is .08 percent. If you are caught in Joliet, Illinois with a BAC that is higher than the limit, you could lose your license, head to jail, or be asked to perform community service. Of course, you will have to pay fines for a DUI offense. Education and alcohol treatment may also be a requirement and you will have to pay for these classes and assessments.
If you lose your driving privileges, you would have to do several things before you can get it back. First, you would have to pay a steep fine on top of the fines that you have already paid and you would have to complete an alcohol education course in order to get it back.
If you get your license back, you would have to prove that you are insured but your insurance company may also drop your coverage. You can find another insurance provider to cover you, but it would be expensive. You will be tagged as a ‘high risk’ driver if you have a DUI offense, thus insurance companies may charge high premiums. So with that said, it would be far better to avoid the DUI at all costs than to deal with these expenses.
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