DUI

The loss of life and costs associated with alcohol related traffic accidents is a nationwide problem. Illinois DUI law attempts to both educate the driving public and remove dangerous drivers from the roadways. If you are arrested and charged with DUI, it can have significant effects on your life. At a minimum, DUI is a class A misdemeanor punishable by up to $2,500.00 in fines and up to 364 days in county jail. A conviction results in the automatic revocation of your Illinois driver’s license for a minimum of three months.

If you are driving an automobile and are stopped by a law enforcement officer for suspected DUI, I suggest that you take the following steps in order to minimize the evidence that will be brought against you.

• Be respectful of the police officer, even if he or she is not. Anything that you say can be used in your prosecution for DUI.

• Do not make any statements to the police officer other than information that is contained on your driver’s license (name, date of birth, address, height, weight). If and when the officer engages you in conversation outside of the information contained on your driver’s license, respond by stating that you respectfully decline to make any statements.

• Respectfully refuse to take any filed sobriety tests, including the test where the officer asks you to look at and follow a finger or pen from side to side. You should also respectfully refuse to take any portable breath test at the scene of the traffic stop.

• If you are arrested and taken into the police station, generally you should respectfully refuse any breath or chemical testing, unless you are absolutely certain you will test under the legal limit of presumed intoxication (.08). Any amount of a narcotic substance is illegal. Even though you will face more stringent license suspension penalties, following these steps will put you in a better position to challenge the arrest in court. Any driver under the age of 21 will face immediate suspension for either refusal to take a breath or chemical test.

A conviction for DUI can have severe consequences in your day to day life. Your license will be revoked and driving on a revoked license will result in further legal problems, including incarceration. Your automobile insurance premiums will increase when your license is reinstated, and you subject yourself to harsher penalties for any subsequent violation.