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Rolling Meadows driving under the influence defense lawyer

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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Rolling Meadows, IL driving under the influence attorney

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.

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Arlington Heights, IL DUI defense lawyer

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.

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Posted on in DUI

b2ap3_thumbnail_shutterstock_555970879.jpgWhen police initiate a traffic stop, the motorist may feel compelled to submit to a breathalyzer test or some other form of field sobriety testing due to a little understood law known as implied consent.

Implied consent is often applied during a traffic stop when police suspect a motorist is driving under the influence of alcohol, and is attached to the issuance of a driver’s license in most states.

When Did I Give Consent?

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b2ap3_thumbnail_shutterstock_79184944.jpgLaw enforcement commonly employs a “traffic safety” checkpoint strategy in an effort to identify drivers who might be in violation of one or more statutes while operating their motor vehicle. Such checkpoints frequently appear during holidays such as Memorial Day, New Years Eve, and 4th of July to find impaired drivers and issue tickets for other traffic violations.

Know Your Rights

Recent incidents have drawn greater attention to the need for police to obtain warrants in order to get a blood or urine sample from a driver who refuses or is unable to submit to standard breathalyzer testing. The No Refusal Checkpoint is a strategy law enforcement uses to obtain search warrants to test the blood alcohol content of drivers they suspect are impaired. During these events, prosecutors and judges make themselves available to expedite the process.

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