Getting pulled over is hardly ever a pleasant experience. Most people experience some level of anxiety when getting stopped by the police even if they do not think they were doing anything wrong. If you have had a few drinks, being pulled over can be even more frightening. In this case, you run the risk of being arrested and being charged with a DUI, whether you feel drink or not. If this has happened to you, it is important that you speak with a well-qualified defense attorney as soon as possible. You may have defenses available that a lawyer can help spot.
If the officer who pulled you over suspects that you have been drinking, he is likely to try a few tests that could later help him prove you were under the influence. Refusing these tests in Illinois will result in a license suspension and you could still get a DUI even if you do not cooperate with testing. If you get stopped by police after drinking, a sobriety assessment might include:
Straight line - You may be asked to walk a straight line, placing one foot in front of the other. Stumbling or swaying could be interpreted as a sign of intoxication.
Balance - One test officers use in Illinois involves touching your nose or raising one leg to assess for balance and coordination.
Eyes - The officer may wave an object in front of your face and ask you to follow it with your eyes. He or she will be checking to see whether your eyes are moving normally, as abnormal movement can be a sign of alcohol or drug use. At the same time, the officer will check the appearance of your eyes, as red, watery, or glassy eyes can suggest impairment.
Speech - From the outset of the stop, an officer will note whether your speech is slurred or you are having problems speaking clearly.
Confusion - Confusion or an inability to follow instructions, like providing license and registration, may suggest to an officer that you are too impaired to be driving.
Smell - It can be difficult to determine whether the odor of alcohol or marijuana is coming from the driver, a passenger, or somewhere else in the vehicle. Additionally, a person’s breath could smell like alcohol after a single drink, or their clothes could smell like marijuana after being exposed to someone else who was smoking it. However, it is likely to be noted in the police report if the officer smells a substance.
The prosecution can later use all of these factors to suggest that you were intoxicated at the time of the stop. It is important to work with a skilled defense attorney who can challenge the state’s narrative.
If you have been charged with a DUI, Scott F. Anderson, Attorney at Law may be able to help. Our experienced Orland Park DUI lawyers will assess your case for any possible defenses. Call us at 847-253-3400 to arrange a free consultation.
Client accused of burglary was acquitted due to our skillful cross examination of eye witness identification.
Client accused of causing the death of another while driving under the influence - Acquitted.
Client accused of first degree murder - Acquitted.
Client accused of embezzlement - Charges never filed.
Hundreds of Secretary of State hearings for Drivers License Reinstatement - Won.