The state of Illinois has some of the strictest DUI laws in the country. Even for a first offense of driving while under the influence, you can lose your driving privileges. In fact, through a statutory summary suspension, your driving privileges can be taken away without ever even being convicted of a DUI if you fail or refuse to take a chemical blood alcohol test. If your driving privileges are suspended because of a DUI, you do have options for driving relief during your suspension period. Depending on your circumstances, you can get a monitoring device driving permit (MDDP) or a restricted driving permit (RDP), both of which require the installation and use of a breath alcohol ignition interlock device (BAIID). If you lose your driving privileges, here are a few things you should know about BAIIDs:

1. A BAIID Uses Your Breath to Determine if You Are Sober

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Being pulled over by the police for any reason can be a nerve-wracking experience. Something about those flashing red and blue lights in the rearview mirror can instill fear and anxiety in even the most innocent people. If an officer has reasonable suspicion that you are driving under the influence of drugs or alcohol, he or she will pull you over to further investigate. During the traffic stop, the officer will be looking for any sign that you are impaired beyond the point of safe driving. Before an arrest can be made, there must be probable cause. One of the ways an officer obtains probable cause is by performing field sobriety tests, such as asking you to walk in a straight line or stand on one foot. However, if an officer asks you to complete a field sobriety test, do you have the right to refuse in Illinois?

Field Sobriety Testing

The short answer is yes, you can refuse a field sobriety test. In Illinois, you are not legally required to submit to field sobriety testing if you are pulled over on suspicion of DUI. Even though you have the right to refuse a field sobriety test, it is important to understand that there might be certain consequences if you do not submit to testing. The purpose of using these kinds of tests is to establish probable cause so the officer has reason to arrest you. If you refuse to take a test, you should understand that the officer will then be even more determined to find probable cause to arrest you. Many officers will perform an arrest using your refusal to submit to field sobriety testing as probable cause for their suspicion.

In all 50 states, it is illegal to drive while under the influence of drugs or alcohol. When you are intoxicated, your body does not react to instances in the same way as it would when you are sober. Your response time is slower, your reflexes are diminished, and your cognitive abilities are impaired. This is what makes accidents involving an intoxicated driver so deadly. There were 27,046 people arrested for DUI in Illinois in 2017, according to the Secretary of State’s office. Being convicted of a DUI can result in serious penalties, including driver’s license revocation, fines, and even jail time in some circumstances.

Before the Stop

Before you are pulled over, a police officer must have probable cause to conduct a traffic stop. In other words, the officer cannot just randomly choose a car to pull over; there has to be a legitimate reason for the stop. Common factors that lead officers to pull over vehicles on suspicion of DUI include erratic driving, lane swerving, or speeding.

Driving while you are under the influence of drugs or alcohol is never a good idea, and there are many consequences you can face for this serious crime. Not only do you face criminal penalties for a DUI, but you can also face administrative penalties, which can and typically will be added onto any criminal penalties. If you are arrested for DUI and test over the legal limit for alcohol or drugs, you face an automatic suspension of your driving privileges by the Illinois Secretary of State, all without even needing to be convicted of a crime. You can fight a statutory summary suspension of your driver's license, but you will need help from an experienced attorney.

What Is a Statutory Summary Suspension?

Basically, a statutory summary suspension is the administrative penalty that the Illinois Secretary of State imposes in DUI cases. If you fail a chemical test or refuse to take a test after being arrested on suspicion of drunk driving, you will be subject to a statutory summary suspension. These penalties are completely separate from any criminal penalties that you may face for DUI-related reasons. 

For many people, Memorial Day weekend is the unofficial start to summer. Some people celebrate with picnics and barbecues, while others head to the lake for time on the water. In many cases, people enjoy drinking alcohol while enjoying these activities. However, what many people do not realize is that Illinois treats alcohol and boating very similar to the way it treats alcohol and driving. If you are convicted of boating while under the influence (BUI) of alcohol or drugs, you could face serious consequences, similar to driving under the influence (DUI) charges.

What Is a BUI?

The Illinois Boat Registration and Safety Act states that it is illegal to operate a boat while under the influence of alcohol or other drugs. A person is considered to be boating under the influence if he or she is in actual physical control of watercraft and one or more of the following apply: