We’ve all been there: driving home from a late dinner or a game when suddenly, the blue lights appear in your rearview mirror. If you’ve had anything to drink, your heart drops.
In Illinois, most people talk themselves into a conviction before an attorney even gets a chance to see the police report. As a Chicago DUI lawyer, I want to make sure that doesn’t happen to you. Here is the “insider’s guide” to surviving a DUI stop and protecting your rights.
1. The Trap of “Honesty” During Initial Contact
The moment an officer walks up to your window, they are building a case against you. One of the first things they will ask is, “Where are you coming from?”.
Many drivers think that being honest—saying something like, “I only had two drinks at the game”—will help them. It won’t. That statement is a legal admission of consumption. You are legally allowed to say: “Officer, I’m not going to discuss my evening, but here is my license and insurance.”.
2. Thinking Field Sobriety Tests Are Mandatory
If an officer asks you to track a pen with your eyes or perform physical “gymnastics” on the side of the road, remember: In Illinois, these tests are voluntary.
You have the right to say no. Why should you decline? Because these tests are subjective and are graded by an officer who already suspects you are impaired. It is essentially a test where the “teacher” wants you to fail.
3. Confusing the Two Types of Breath Tests
There is a major legal difference between the breath test on the street and the one at the station:
- The PBT (Portable Breath Test): This is the handheld device used on the street. Generally, refusing this test has no impact on your driving privileges.
- The Station Machine: This is the large machine at the police station. Refusing this test is a tactical decision that can carry different consequences.
4. Making Decisions Without Legal Counsel
Deciding whether or not to blow into the station’s breathalyzer is a critical tactical choice. If you find yourself in this position, you should always try to call a lawyer before making that decision.
5. Attempting to “Go It Alone”
The police are doing their job, but you need someone in your corner to protect your rights. A DUI charge is a serious legal matter that requires a careful look at the evidence.
Protect Your Future
If you find yourself facing a DUI in Chicago, don’t leave your future to chance.
Contact the Law Offices of Mitch Furman today. Visit ChicagoPremierAttorney.com or call our office to look at the evidence and fight your case together.
Chicago DUI: Frequently Asked Questions
1. Do I have to take the field sobriety tests?
No. In Illinois, field sobriety tests—such as the one-leg stand or the walk-and-turn—are voluntary. You have the legal right to politely decline them without an automatic penalty to your driver’s license.
2. What happens if I refuse the breathalyzer?
Under Illinois’ “Implied Consent” law, refusing the evidentiary breath test at the police station results in an automatic Statutory Summary Suspension of your license.
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First Offense: 12-month suspension for refusal (compared to 6 months for failing).
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Second Offense (within 5 years): 3-year suspension for refusal.
3. Will my license be suspended immediately after an arrest?
No. If you are issued a notice of suspension, it typically does not take effect until the 46th day after the notice was served. This 45-day “grace period” allows you to continue driving while your attorney works to challenge the suspension.
4. Can I still drive during my suspension?
Possibly. Most first-time offenders are eligible for a Monitoring Device Driving Permit (MDDP). This requires the installation of a Breath Alcohol Ignition Interlock Device (BAIID) in your vehicle, which allows you to drive anywhere at any time during your suspension.
5. Can a DUI be cleared from my record later?
In Illinois, a DUI conviction is permanent and cannot be expunged or sealed. This is why it is critical to fight the charges from the very beginning. However, if your case is dismissed or you are found not guilty, the record of the arrest may be eligible for expungement.
6. Should I talk to the police about how much I drank?
No. You are only required to provide your driver’s license, insurance, and registration. Any admission of drinking, even “just two beers,” is considered a legal confession and will be used against you in court. It is always best to politely state that you wish to remain silent and speak with your lawyer.
Court houses we often appear at are located at:
Cook County
- George N. Leighton Criminal Court Building 2600 S, California Avenue, Chicago, IL.
- Skokie Courthouse, 2nd District Cook County. Located at 5600 Old Orchard Rd., Skokie, IL.
- Rolling Meadows Courthouse, 3rd District, Cook County. Located at 2121 Euclid Ave., Rolling Meadows, IL.
- Maywood Courthouse, 4th District, Cook County. Located at 1311 Maybrook Dr, Maywood, IL.
- Bridgeview Courthouse, 5th District, Cook County. Located at 10220 S 76th Ave., Bridgeview, IL.
- Markham Courthouse, 6th District, Cook County. Located at 16501 Kedzie Ave, Markham, IL.
- Branch 23 & 29 5555 W. Grand Ave., Chicago, IL.
- Branch 35 & 38 727 E. 111th St., Chicago, IL.
- Branch 43 & 44 3150 W. Flournoy St., Chicago, IL.
- Domestic Violence Courthouse 555 W. Harrison St., Chicago, IL
- Cook County Juvenile Center 2245 W. Ogden Avenue, Chicago, IL
DuPage County
- DuPage County Court, 505 N County Farm Rd, Wheaton, IL 60187
Will County
- Will County Court, 100 W. Jefferson Street, Joliet, IL 60432
Contact Chicago Premier Criminal Defense Lawyer today to schedule a free and confidential consultation
