Are All DUI Arrest Requests Required?

According to the 2013 DUI Illinois Fact Book, 92% of drivers arrested in Illinois for driving under the influence (DUI) in 2011 no longer had the privilege of driving after their arrest. Under Illinois DUI law (625 ILCS 5/11-501), driving under the influence of alcohol, intoxicating compounds, or a combination of drugs and alcohol is strictly prohibited.

If you are suspected of DUI in Illinois, your defense strategy begins the moment you are signaled to stop. Every action you take could either help or hurt your case, so it helps to know what is required of you as opposed to what may be requested. Requests are voluntary, but requirements are necessary.

• Request: Law enforcement signals you to pull over immediately.
• Requirement: Obey traffic laws when preparing to stop; pull over as soon as possible in a safe, well-lit area if available.

• Request: An officer tells you that you must take at least one field sobriety test.
• Requirement: You are not required by law to take a field sobriety test.

• Request: An officer asks you to disclose whether you have been drinking or taking drugs or to explain how you were driving.
• Requirement: You are only required to verify your name and address; you do not have to provide any additional information. If you have any health conditions that could impair driving ability, you may share such information, but be polite and decline to make any additional statements.

• Request: An officer tells you that you must take a chemical test. Chemical tests check for the presence of drugs and alcohol.
• Requirement: Illinois is an implied consent state. This means that when you get a drivers’ license you agree to take a chemical test, if DUI is suspected. While you still have the right to refuse the test, your license will be automatically suspended if you refuse.

One of the best actions you can take during a DUI arrest is to be polite and say as little as possible. If you are facing DUI charges, contact an experienced Arlington Heights, Illinois DUI defense attorney to help you fight for your rights.