It is important to understand your rights if you have been drinking and you get pulled over. You are already going to be in a vulnerable position, so it’s important to be prepared. Of course, nobody thinks that it will happen to them, but DUI’s are common. If you need legal assistance, contact our DUI defense attorney Illinois for support. At The MacNeil Firm, we have secured numerous victories for our clients and are here to help you. Call for a free consultation at 708-218-0947.
Even before any testing is administered, a police officer must first have probable cause to pull you over. Generally, this means that the police officer noticed you breaking a traffic law. You may be pulled over if the officer witnessed you turning without proper signaling, failing to reach a complete stop at a stop sign, or weaving in and out of lanes.
Then, the officer will likely ask you questions and may request that you get out of the car to perform field sobriety tests. Illinois follows the law of implied consent. By driving on Illinois roads, state law asserts that you have given consent to a chemical test of your blood, breath, or urine for purposes of determining your blood alcohol content. If you fail to comply with such a test, there will be legal consequences.
Your rights for the field sobriety and chemical tests
You can still be arrested if you pass all the field sobriety tests. It is the police officer’s discretion if they arrest you or not. Once the evidence is reviewed, and your DUI defense attorney Illinois believes that there was no probable cause to arrest, they can file a motion to suppress evidence. Sometimes that’s called a motion to quash arrest.
You do not have to answer questions about your drinking, although you do have obligations to answer questions about your identity. To this end, you are required to produce a driver’s license and insurance information. But as far as if you have been drinking or not, you have no obligation to answer that question.
When looking at whether there is probable cause to arrest, the standardized field sobriety tests are just one factor and one piece of evidence to consider. Because of the way they function, it is unlikely that a civilian would know whether they passed or not. Many times, people think they did well on the tests.
If you have a video and someone does look good on the video while they are performing field sobriety tests, this would be favorable to the case. However, just passing the field sobriety tests does not necessarily mean that there is no probable cause to be arrested.
When you are taking a chemical test (whether it is breathalyzer, blood, or urine), there is no right to a DUI defense attorney Illinois at that point. The reason is that any suspension for being over the limit or refusing to take the test is an administrative suspension, which is a civil matter. Only with criminal cases is there a right to an attorney. Therefore, there is no right to counsel prior to making a decision about the chemical test.
How Long Is Your License Revoked After A Drunk Driving Conviction?
Upon conviction for a DUI – no matter if it is your first, second, or third, your license will be revoked by the Secretary of State for at least one year. This is an administrative revocation. It’s not a sentence that a judge gives you and it’s not a sentence that can be negotiated or reduced in any way.
There are ways to avoid a revocation that comes down to avoiding a conviction which include:
- Being found not guilty at a trial
- Getting a case dismissed
- Pleading guilty to some other offense like reckless driving or something other than DUI
Unfortunately, if you are convicted of a DUI, your license will be revoked. However, with an experienced DUI defense attorney Illinois, it is possible to get your charges reduced or even dropped.
Portable breath tests or PBTs, are not admissible as substantive evidence of your blood alcohol content but can be admissible for other purposes. They are admissible to show probable cause for an arrest for DUI or reasonable grounds for a chemical test. Therefore, if this is the crux of the evidence they have to support their claim, it is likely we can negotiate to get these charges reduced or dismissed.
Our DUI defense attorney Illinois is here to help
If are a first time offender, a repeat offender, or have had an out-of-state DUI conviction while you had an Illinois driver’s license, then it was reported to the Illinois Secretary of State. All the states are part of the driving compact which says that each state is required to report back to the home state any driving convictions that occur in another state. As such, your DUI will show up in records across the U.S.
Whatever your situation is, the legal team at The MacNeil Firm is here to help. Our DUI defense attorney Illinois is committed to making sure you have the best outcome possible. Contact us today for a free consultation.
