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.

Being charged with a DUI is an extremely serious situation that can result in severe consequences. In the state of Illinois, DUI is considered to be a major offense and most judges and law enforcement officers do not sympathize with those accused of driving while under the influence of alcohol or drugs. DUI offenders are often punished to the fullest extent of the law, especially when the offender has a history of DUI. Even if you are a first-time DUI offender, you could face jail time, fines, and a driver’s license suspension for a conviction, but a knowledgeable Illinois DUI defense lawyer can help.

Common DUI Defense Strategies

There are numerous ways an attorney can defend you against a DUI charge. Through an initial consultation and subsequent investigation, your lawyer can determine the best course of action. Here are a few common defense strategies:

Alcohol is not a new invention--National Geographic states that the Chinese were making a type of alcohol as long as 9,000 years ago. Humans have loved alcoholic beverages for thousands of years, and while the beverages themselves have been refined and the way humans use alcohol has changed, such as the prevalence of DUI’s, the effects that it has on us has not changed. Here are five interesting facts about alcohol and the human body:

1. Moderate Drinking Can Be Good for Your Health

A study that was recently concluded at the University of Sao Palo’s Biomedical Science Institute in Brazil has finally pinpointed the enzyme that allows moderate alcohol use to benefit your heart. Scientists have proposed that alcohol has certain health benefits for years, but now the specific reason why has been discovered. The study showed that when alcohol is consumed in moderate amounts, it can help rid the body of aldehyde, which is a toxic byproduct of alcohol digestion, but also a byproduct of stressed heart cells, such as those from a heart attack.

Losing your Illinois driver’s license after a DUI arrest can be frustrating, infuriating, and inconvenient, all at once. In some cases, it may even place your livelihood at risk. Thankfully, it may be possible for you to reinstate your license – even if only partially. Alternatively, it may be possible to avoid the suspension altogether. Learn more about protecting your Illinois driver’s license after a DUI arrest, and discover how an experienced DUI defense lawyer can help.

Probation and DUI Treatment Programs

Probation and DUI treatment programs can serve as a viable alternative to long-term license suspension for some individuals. It requires that the individual receive an evaluation, attend treatment, and have knowledge of the effect that alcohol can have on the mind and body. Some may also be required to attend support groups, even after their probation or treatment program is complete. Keep in mind that this option is usually only available to first-time offenders and that successful completion of the process is required to avoid conviction.

Driving under the influence can place anyone’s livelihood at risk. However, those that have a commercial driver’s license (CDL) are especially at risk – not because the consequences are necessarily more severe, but because others may have a way to work around their DUI. This is not the case for the commercial driver. Learn how you can protect your CDL after a DUI arrest, and discover what an experienced criminal defense attorney can do to help.

BAC Limits for CDL Drivers

While most drivers are held to a maximum BAC of less than 0.08, CDL drivers have an even lower legal limit. They must never reach or exceed a BAC of 0.04, or they risk a disqualification (DQ) of their CDL license. If they are caught driving with a BAC of 0.08 or higher, their state driver’s license may also be at risk for suspension. Drivers may also be subject to felony criminal charges if there are certain aggravating factors in their case (i.e. an accident that resulted in significant injury or the death of another driver).