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 Conviction – How Long Will It Stay On My Record?

Reader’s Question:

How long does a DUI stay on record for the states of Michigan and Illinois? Does it reflect on my criminal record?

Joshua

Cicero, IL

Most traffic violation in Michigan stays on your record for at least 7 years. But, certain convictions and licensing actions remain on your driving record for at least 10 years. The same is true for alcohol violations which remain on your record for a minimum of 10 years. Fatality remains in you driving permanently in Michigan.

According to the Illinois the IL Secretary of State (SOS), moving violations remain on a driver’s record for 4 to 5years from the date of conviction. The information on the ticket will be carried on your driving record for a minimum of 7 years from the date of reinstatement if such ticket forms the basis for suspension or revocation of your license. DUI remain on a driver’s record for a lifetime in Illinois.

See with the various state’s courts to know how long these types of records will remain on your record and whether DUI is criminal or not.