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Recent Blog Posts
Three Possible Approaches to Refusing a Breathalyzer Test
If you find yourself arrested for driving under the influence in the state of Illinois, refusing a BAC (blood alcohol concentration) test of any kind can mean severe consequences for you from that very moment. If you have not yet been arrested for DUI, however, refusing a BAC test may offer a few advantages as you move forward with the defense of your case.
You Have Decided to Refuse a Breathalyzer Test. Now What?
Refusing a test before you have been arrested and taken into custody prevents law enforcement from collecting any incriminating evidence against you in a court of law. At this stage, you still have the option to shape the course of your fate in terms of charges and the penalties that accompany them, but how you proceed with the refusal is important.
Depending on the circumstances that surround your potential arrest, you may be within your right to refuse. Here are examples of how some defendants choose to approach the refusal of a breathalyzer test:
What Penalties Can You Expect When Refusing a Breathalyzer Test?
When you are pulled over for the suspicion of driving under the influence, you have the right to refuse to submit to a breathalyzer test if you wish to do so. There are, however, consequences to this option, just as there are consequences to submitting to the test if you have in fact been consuming alcohol. If you are conflicted as to whether to submit or not, it is helpful to familiarize yourself the penalties associated with both options before you make your decision.
Standard DUI Penalties in the State of Illinois
For starters, if you decide to submit to a breathalyzer test and are found to be over the legal limit, your driving privileges will be automatically suspended for six months for your first offense. The suspension doubles to one year for a second or subsequent test failure. The suspension applies regardless of whether prosecutors push for a conviction on DUI charges. If you are convicted of DUI, you are looking at a combination of the following:
Three Ways Submitting to a Breathalyzer Test Can Hurt You
When you are pulled over for suspicion of driving under the influence, one of the first challenges you will face is likely to be the officer’s request to submit to field sobriety and breathalyzer tests. If the officer has pulled you over, he has done so because he feels he already has probable cause based on behavior you exhibited on the road.
From that moment on, standard protocol—and Illinois law—allows the officer to ask you to step out of the car (if he deems it necessary) and to ask you to submit to these tests. Although the situation is an intimidating one, especially if you feel you are being falsely accused, you do have the right to refuse to submit to a breathalyzer test if you wish. If you do decide to take the test, though, it is important to understand the disadvantages that come with submitting.
Here are three ways submitting to a breathalyzer test can hurt you:
Suspicion of DUI: When Does an Officer Have a Right to Pull You Over?
If you are pulled over at any time, for any reason, it is never a fun experience. This is especially true when you are being directed to the side of the road for suspicion of driving under the influence (DUI). Whether you have in fact been drinking and driving or find yourself falsely accused, the moment you are confronted with the possibility of DUI charges, it is important to understand your rights. This begins with understanding when an officer has the right to pull you over in the first place.
In general, any of the following circumstances allow a police officer the right to direct you to the side of the road:
Highway Checkpoints - Whenever you encounter a checkpoint, you are always required to pull over and comply with an officer's requests. Checkpoints are typically planned ahead of time and are expected to have a strategy in place. For example, police will pull over every car or every other car. The primary purpose of checkpoints is to identify drivers who are operating vehicles under the influence of alcohol or drugs, as they are often utilized as a tool in drunk driving deterrence.
Complying with Officer Requests When You've Been Pulled Over for DUI: What to Expect and What Not to Do
The outcome of your DUI arrest actually begins before you pull over for the officer who has flagged you down. The moment you see an officer's lights flash behind you, the decisions you make from that point on will set the tone for your entire case. Even if you are guilty of driving under the influence, one of the best things you can do for yourself is to remain respectful and comply with the police, to the best of your ability. However, this does not mean you are required to incriminate yourself.
Here are some common requests you will face from an officer who pulls you over for the suspicion of DUI and how you should handle each one:
Proper pullover - Police want to see you pull your car over quickly, safely, and correctly. You should not delay pulling over to the side of the road; you should comply with the officer’s direction as quickly as possible, so long as you can safely park your vehicle. The sooner you stop and park your car, the better your chances of avoiding unnecessary tension and conflict once the officer approaches you. You want to cooperate from start to finish, and pulling over immediately, when the officer directs you to do so, is the first signal that demonstrates you are taking the matter seriously and that you intend to comply.
What Not to Do When Pulled Over for DUI
When it comes to any potential arrest, how you react in the moments that lead up to and follow the arrest can make a difference in the representation and outcome of your case. This is especially true when it comes to being pulled over for the suspicion of drunk driving. The minute an officer pulls you over because they believe you have been drinking, the decisions you make from that point on can significantly alter what happens to you in a court of law. Your driver’s license, record, reputation, your future, and even your wallet are at stake. Even a simple statement or behavior can put you in hot water and make matters worse, which is why it is so important to keep your actions in check the moment you find yourself face-to-face with a DUI situation.
What to Avoid
If you find yourself pulled over for drunk driving, criminal charges are imminent. To protect your best interests and to prevent the collection of evidence that can be used against you in court, refrain from the following:
Three Steps Every Driver Should Take When Pulled Over for Suspicion of Drunk Driving
You have been pulled over by the police for suspicion of drinking and driving. Now what? A DUI arrest begins with an officer directing you to the side of the road based on probable cause that you have been operating your vehicle under the influence. From there, the officer observes you and asks for your information, and then typically requests for you to submit to a field sobriety test.
At this point, you have some decisions to make. Any test you take, along with how you choose to behave the moment you are accused, can and will be used against you in court. That is why the steps you take when you are pulled over are so crucial. Your course of action during these critical moments has the power to significantly impact your case from start to finish.
If you are pulled over for a DUI, follow these steps to set yourself up for a fair trial:
Your Rights in Court Following Your Arrest
Once you experience an arrest, the events that immediately follow the incident can be a blur, especially when the reality of facing criminal charges comes crashing down on you. The weight of such circumstances can be overwhelming, to say the least. Whether the accusation is a false one, you were in the wrong place at the wrong time, or you made a poor choice in the moment, being escorted to prison with long-lasting consequences on the horizon can seriously alter your present as well as your future.
Arrest Aftermath
What happens when the damage is done and there is no rewind button? Once you have been arrested and accused of a crime, your options are limited. You may not be able to take back the choices you made or change the circumstances surrounding the arrest, but you do have the ability to inform yourself of your basic rights and claim those liberties to the best of your ability in an effort to protect your best interests.
Three Reasons You Should Consult an Attorney After Your Arrest
Whenever a citizen experiences an arrest, the initial fear of facing criminal charges of any kind typically prompts them to request to speak with an attorney right away. Ideally, this should always be the first course of action. Consulting with a knowledgeable criminal defense lawyer can be one of the most crucial decisions you make when accused of a crime,. The sooner you acquire proper legal representation, the sooner you can safeguard your rights, build a strong case, and protect your future.
In the event you are arrested, here are three valid reasons you should consult with an attorney:
1. You may be wrongly accused.
According to the law, any sheriff, state trooper, or police officer can make a lawful arrest. Under certain circumstances, they are not required to have a warrant to take you into custody. If they have reasonable ground to believe there is already a warrant issued under your name, or if they claim you committed or attempted to commit a crime in their presence, they have the right to arrest you. In short, if a police officer believes you are guilty of a crime, they can escort you to jail. So, what do you do if you are wrongly accused? What if the arresting officer has misconstrued the facts surrounding your arrest? You will need a professional who knows the law inside and out to fight for justice on your behalf.
Protecting Yourself During an Arrest: What to Do and What Not to Do When You are Arrested
The moments that lead up to an arrest can be disorienting; the sequence of events often blurs together, spawning a state of shock and confusion as you process the fact that you will possibly face criminal charges for your actions. Even if you sense the arrest coming, the moment law enforcement begins to read your rights and take you into custody, reality begins to surface and you can quickly succumb to panic mode if you do not know how to handle the situation. This is especially the case when you believe you have been wrongly accused.
Due to the stressful nature of an arrest, many individuals who are confronted with the possibility of criminal charges tend to freeze up the minute they are accused of a crime. Some act out in anger, out of fear, or from sheer disbelief that they are being taken into custody. During those moments when emotions run high, irrational and aggressive behavior can take over, which can easily make the situation worse and hurt your overall case in a court of law.
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