Many Chicagoans will be celebrating St. Patrick’s Day this weekend, and unfortunately, some of those people will get behind the wheel after having a drink too many. The penalties for DUI are severe under the Illinois drunk driving statutes, but many people do not realize that there are multiple opportunities to fight the charges. The following will cover the various strategies for defending DUI allegations, starting with challenges to the stop by police. If you are pulled over on suspicion of DUI this weekend, our Illinois DUI defense lawyers can provide more specific information after reviewing the details of your case.
Legal Justifications for a DUI Stop
There are three situations that may lead an officer to pull you over for drunk driving, and there are different tactics for challenging the stop under each one.
Violations of Illinois Traffic Laws
Speeding, running a red light or stop sign, or improper lane changes may lead police to pull you over and issue you a traffic ticket. In doing so, the officer may suspect that you have been drinking and make an arrest. You may have a defense if you can prove that there was no traffic violation and therefore no reason to stop you. This strategy may be difficult, but it is not impossible. For instance, if the police say you went through a red light, you may present surveillance footage disputing this claim. Additionally, the majority of police in the State of Illinois have police dash cams that record the stop and the subsequent interaction with you.
Reasonable Suspicion of Officers
The police may pull you over if they suspect drunk driving because of your conduct, even when you are not in violation of traffic law. Weaving within your lane, driving too slowly, or lingering too long at a stop sign may lead law enforcement to have a reasonable suspicion of DUI. Recent case law has addressed these issues and given further clarification of what is and isn’t a basis for a legal stop. Please contact our office for a review or your particular fact pattern. A potential challenge to the stop is that this standard can be highly subjective. It comes down to what is reasonable under the circumstances.
Sobriety Checkpoints
Police set often set up roadblocks as a strategy to fight drunk driving, and as a deterrent to others, especially on big party weekends such as St. Patrick’s Day. However, these checkpoints must comply with constitutional safeguards to be legal. For instance, you may be able to fight a DUI on the grounds that:
- Officials did not publish information about the sobriety checkpoint in advance;
- Police only stopped some vehicles and not others;
- The Police did not comply with internal standard of setting up the roadblock;
- Other scenarios depending on the details of your case.
The Legal Effect of an Illegal Traffic Stop
The reason that it is important to challenge a DUI stop is that you can request the court toss out evidence that was illegally obtained. All information would not be admitted in court if the stop was illegal, either because:
- You did not violate a traffic law;
- There were no grounds giving police a reasonable suspicion of drunk driving; or,
- The sobriety checkpoint was unlawful.
Discuss Legal Challenges with an Experienced Illinois DUI Defense Attorney
For more information on contesting the legality of your St. Patrick’s Day DUI stop, please contact Glasgow & Olsson to schedule a consultation. You can reach our Schaumburg, IL office by calling 847.577.8700 or by going online.
(image courtesy of JP Valery)