DUI Field Sobriety Tests in Illinois

Reader’s Question:

I was often told that if I will be stopped for DUI here in Springfield, Illinois, I should not take any field sobriety tests because it will not be against the law if I to refuse to take it. If that is the case, why do police officers still ask a person suspected for DUI to do it instead of asking to take chemical test?

Caiden

Springfield, IL

Field Sobriety Tests (FST’s) are psychophysical tests used to evaluate an individual’s physical and/or mental impairment. FST’s focus on the skills that are needed for safe driving. Most of the FST’s known to be more ‘reliable’ psychophysical tests are known as “divided attention” tasks. This kind of FST would require an individual to concentrate on more than one task at the same time. A driver needs to drive safely a car by simultaneously control steering, breaking, and acceleration; react to constantly changing driving environment; and perform many other tasks.

Alcohol affects an individual’s ability to adequately divide attention, thus causing drivers to concentrate on more difficult tasks while ignoring simpler ones. Even when impaired, most of us can successfully concentrate on a single task fairly well, but most drivers could not successfully divide their attention between multiple tasks at once. What you have been told is right that if you will be stopped for DUI suspicion in Springfield, Illinois, you don’t necessarily have to submit to FST’s. The sole reason why police officers ask someone to take these tests is to create a probable cause for a DUI arrest and also to gather evidence that can be used in a DUI court case trial.

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 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

Convicted of Drunk Driving In Illinois?

Reader’s Question:

I know someone who has been charged with DUI here in Illinois. He’s in trial right now and by the looks of it, he will be convicted but he’s lawyer is doing everything to at least shorten the jail time and reduce the fines. I wanna make sure that the same thing will not happen to me. I don’t deny that I have been drunk or maybe drove under the influence of alcohol once or twice. What advice could you give me if I will be caught drunk driving?

Jackie

Springfield, IL

It is unlawful to drive under the influence of alcohol or drugs in Illinois. It is strongly advised that people should not drive alone while in an intoxicated condition. Drivers who are caught doing this are charged with a criminal offense. It is very important that you know what to do if you are stopped by a patrol officer on a DUI suspicion.

In case you can’t avoid drinking and getting behind the wheel, you should have a favorable witness along with you in your car. Eye drops should be applied to mask bloodshot eyes, which strongly imply a person’s drunken condition. If you will be caught drunk driving, you should not take a portable breath test or any field sobriety tests (FST) while in an intoxicated condition because you are not required by law to do so. You should also indicate that you are confused about your legal rights. You should be advised by the officer to ask for a lawyer before questioning and after Miranda warnings are given. You should not information as to how much you have been drinking and what you were drinking. All implied consent warnings should be fully read to you by the police officer. You should also be polite and courteous regardless of how rude a police officer may be towards you. While blowing into the Breath analyzer, you should not blow hard because blowing hard may reflect a higher than normal reading.

Lastly, if in any unavoidable circumstance that you will be charged with DUI, make sure that you consult and hire an experienced Illinois DUI lawyer to give you detailed advice, to represent you, and to make sure everything will be done for you to avoid serving in jail and hefty fines.