Archive for the ‘field sobriety test’ tag
December 14th, 2013 at 5:47 pm
After having a few too many drinks, you decide to drive home. You are extremely careful to stay on the right side of the yellow line, and you keep the car within the posted speed limit. However, despite your best efforts, a siren appears behind you. A police officer comes to your window, asks if you have been drinking. Even though an experienced Illinois DUI lawyer would tell you not to admit to having consumed alcohol, you inadvisably admit to having had a few drinks at dinner. The police officer asks you to step out of the car, and then asks you to submit to a field sobriety test. The police officer determines that you failed the test, and the police officer places you under arrest for DUI.
The police officer is going to ask you to submit to a test to determine your blood alcohol content (BAC). This could take the form of a breathalyzer, blood, or urine test, or any combination of the three. You have a right to refuse to take any test. But should you?
Immediate Results of Refusal
Every driver is deemed to have given their implied consent to be tested for alcohol or drugs if they make use of the public roadways of Illinois. Refusal to take the test will result in a suspension of your driver’s license for 12 months minimum. If this is not your first time refusing a test, your driver’s license will be suspended for 3 years. What’s more, the fact that you refused the test can be used against you at your trial for DUI. However, an attorney can help you successfully fight both the DUI charges and license suspension.
Should You Refuse Anyway?
Conventional wisdom states that you should never give the police any evidence that could be used against you at trial. However, DUI is a unique problem, in that by withholding evidence from the police by refusing a test, your driver’s license is automatically suspended. What should you do in this scenario?
Once you are arrested, if you know that you are likely to fail any chemical test, you should likely refuse the test. Your license will still be suspended, but an Illinois DUI attorney may be able to attack the suspension, or get you a restricted driving permit to allow you to drive to get to work or pick up groceries. Further, you will not have provided the police with evidence to build their case.
No matter what you decide to do, a DUI arrest must be dealt with quickly, preferably by an attorney with experience. If you or someone you know has been arrested for DUI, contact an experienced DUI attorney today.
November 5th, 2013 at 10:12 am
According to the Palos Patch, Palos Heights police were dispatched on a report of a suspicious vehicle in the neighborhood. This call led to the arrest of 26-year-old Nikola Zecevic.
When law enforcement officers arrived on the scene, they observed Zecevic asleep in his vehicle. When police woke him up, he displayed signs of being intoxicated. He allegedly failed all of the field sobriety tests and he was given a breathalyzer, which showed that he had a blood alcohol level over the legal limit. He was arrested for DUI and he was given a bond of $3,000.00.
In this case, although he was not driving the vehicle at the time, a provision of the law known as care and control comes into play. If the intoxicated person is sitting in the driver’s seat of the vehicle, he is control of the car. Some people are under the misconception that if the keys are not in the ignition, there can be no charges. Upon going to court, the person charged or his Illinois DUI lawyer has to prove that the person had no intention on driving the vehicle.
Another misconception is that sitting in the back seat of the vehicle to sleep it off will deem you safe from prosecution. This is also not true. At any moment, in an intoxicated state, you may change your mind and decide that you can drive home. It does not matter whom the car belongs to or where the car is.
Therefore, if you decide to park in front of your own home and you pass out before you can make it inside, you can be arrested. If you decided to leave your drunken friend in the car to let him get some sleep because you don’t feel like carrying him, he can be arrested.
The safest way to go is to have a designated driver when you know you will be drinking or leave the car at home. If you are someone you know is in need of an experienced Illinois DUI attorney, contact Ramsell & Associates, LLC, by calling 1-800-DIAL-DUI.
August 23rd, 2012 at 10:34 pm
Kenosha News reported a story about an off-duty police officer driving under the influence and crashing his car into a tree. D. Nicholas, 24, allegedly drove off the road into a ditch, smashed into a mailbox, and hit a tree in the front yard of a residential building. Nicholas, an Illinois man, was driving in Kenosha when the incident took place.
Nicholas’ accident took place around 12:45 a.m., and when officers responded to the scene, they found a black Dodge Ram against a large tree, with Nicholas stumbling around outside and the airbags deployed inside the car. The reports said part of the tree was knocked down, and the car had notable damages in the front. Nicholas’ breath had smelled like alcohol, and he had refused medical treatment, said one of the officers.
Nicholas was carrying a .380 pistol, and he told the officers he is a police officer in Illinois. He could not, however, provide them with his badge. After Nicholas had failed field sobriety tests, the officers had asked him to do a preliminary breath test which he then refused. He had said he does not want to fight the nurses, but would not give a blood sample either. Nicholas was arrested for drunk driving, but was not charged for being armed while intoxicated.
In addition to being a police officer, Nicholas is also a member of the Alliance Against Intoxicated Motorists. According to ”Top Cop” statistics on the alliance’s website, Nicholas had made 12 DUI arrests in 2010.
This story is a perfect example of the fact that everyone makes mistakes. If you made a mistake similar to Nicholas’, and you are now facing DUI charges, make sure you have an experienced legal professional to help you. Get the best DUI attorney in Illinois to help you, and contact our drunk driving lawyers today.