Archive for the ‘DUI check point’ tag

Know the Law: The Proper Chronology of a DUI Arrest

January 30th, 2014 at 12:13 pm

When arresting a person on charges of a DUI offense in Illinois, there is a proper procedure all officers must follow. The 2013 Illinois DUI Fact Book outlines these steps so that drivers will know what to expect.

 DUI arrest IMAGEFirst, an officer must stop your vehicle at a roadside safety check or have adequate probable cause or reasonable suspicion to pull you over. This can include observing unusual operation of the vehicle by the driver. Once safely pulled over, the officer may spend a few moments talking with and observing the driver before requesting the driver’s license, registration, and insurance.

If the officer suspects the driver is under the influence of drugs or alcohol, they may ask the driver to submit to a series of field sobriety tests. Once these are completed, the officers can either release the driver, or if they have probable cause based on the results of the field sobriety tests, they can place the driver under arrest for DUI. Anyone who refuses to complete the field sobriety tests can have their license suspended under the law.

If the driver is placed under arrest, they will be taken to the police station, where a blood-alcohol concentration (BAC) test of their breath, blood, or urine will be administered.

If the BAC is found to be between .05 and .08 percent, and no drugs are found in the driver’s system, the DUI charge remains in effect until the court decides otherwise, however the driver’s license does not automatically get suspended. If the BAC is shown as .08 or more, or if there is any evidence of drugs in the driver’s system, the driver will receive immediate notice that their license has been suspended.

If you have been accused of a DUI offense, and believe that the proper procedures were not followed, contact an experienced Illinois DUI defense attorney right away. They can ensure your case is fairly represented in court, and ensure you do not receive any undeserved punishment under the law.

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