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posted on 11/4/15

In Illinois, there is one Thanksgiving tradition most drivers would rather avoid—DUI roadblocks. During major holiday weekends, such as Thanksgiving, local law enforcement will shut down streets to screen drivers for signs of driving while under the influence of alcohol or drugs. These DUI roadblocks often lead to several arrests for a variety of offenses.

When DUI Roadblocks are Allowed 

The U.S. Constitution protects citizens from unreasonable searches and seizures; however, the courts have allowed DUI roadblocks in certain situations and the roadblocks or sobriety checkpoints must be temporary. The main requirement for a roadblock is that there must be some mechanism where drivers are only approached randomly. This is to avoid profiling, among other issues.

Drivers are approached and are briefly interviewed. If a driver’s actions or other circumstances give police officers reasonable suspicion, the driver is then directed to a secondary inspection and is given one or more field sobriety tests.

What Happens When You Are Arrested for DUI?

If you are directed to a secondary inspection, then law enforcement suspects you are driving impaired. You will likely be asked to exit your vehicle to perform one or more field sobriety tests to assess your coordination and ability to follow directions. Field sobriety tests can include acts such as walking in a straight line, repeating a short rhyme, or stating the alphabet backwards.

If you are arrested, your car may be searched and you will be asked to take a breath test. You do not have to take a breath test; however, you may face additional consequences to your driver’s license if you refuse to take the test.

Depending on the circumstances, even if you take a breath test, you may still be taken to a hospital for a blood draw. This will be conducted if your breath test does not show alcohol in your system but the officers still feel you are impaired. A blood test will show any drugs or alcohol in your system.

Finally, upon your arrest, you may be released with a citation after you have taken any tests, have been fingerprinted, and been photographed. You will not be able to drive yourself home, however. Even though the citation may seem like a regular traffic ticket, you have been charged with a crime, not a simple traffic infraction.

If you are arrested or charged with DUI, please contact a skilled and knowledgeable Schaumburg DUI defense lawyer right away. Do not speak to anyone about your case until you have consulted with an attorney—any information you share may hurt your case. Call Glasgow & Olsson today at 847.577.8700 to schedule a consultation.

Source:

http://scholarship.kentlaw.iit.edu/cgi/viewcontent.cgi?article=2625&context=cklawreview