What Not to Do When Pulled Over for DUI

 Posted on September 14, 2016 in DUI Defense

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:

Refusing to Cooperate

This point is probably the most important. While you have the right to protect yourself by requesting to speak with an attorney and to exercise your basic citizen rights if facing an arrest, the moments prior to being taken into custody matter. How you treat the police officer, what you say, and your overall attitude can and will be used against you in court. Be calm, civil, and polite when interacting with the officer who pulled you over, regardless of whether or not you feel you are wrongly accused. Avoid cursing, yelling, or making the officer’s job more difficult. The goal is to reduce the amount of conflict and potential evidence that can be used against you later, so be sure to cooperate and yield to the officer’s direction. Otherwise, you are only hurting yourself when it is time to go to court.

Incriminating Yourself

Just because it is in your best interest to cooperate with the officer who pulls you over does not mean you need to incriminate yourself. You will first be asked to submit to a field sobriety test, and if the officer discovers probable cause during this test, he or she has the right to place you under arrest, take you to the station, and ask you to submit to further testing. You have the choice to submit to blood, urine, or breath tests that will reveal the level of alcohol in your system. If your results show a blood alcohol content (BAC) level of .08 or more, you are dealt a statutory summary suspension, which automatically suspends your driving privileges. If you refuse to submit to any of these tests, you cannot fail them, which gives you an advantage in your case. According to Illinois law, your driving privileges will still be revoked when you refuse to submit to these tests, but you do have a choice when it comes to possibly incriminating yourself by providing authorities with further evidence against you.

Facing Court Alone

No matter how shocked, angry, or upset you may be the moment you are accused of a DUI, do not forgo your right to speak with a qualified Chicago DUI lawyer. Obtaining proper legal representation can mean the difference between experiencing severe penalties, including lengthy jail time and hefty fines, or the possibility for bail and having your driving privileges restored. Call the Luisi Legal Group at 773-276-5541 the moment you are in danger of DUI charges to schedule a special consultation.

Sources:

https://www.cyberdriveillinois.com/publications/pdf_publications/dsd_a118.pdf

https://www.isba.org/sites/default/files/publications/pamphlets/Arrested.pdf