Although it is legal to drink and drive in the State of Illinois, It is not legal to be under the influence when you drive a vehicle in the State of Illinois. You are already aware that the best way to avoid an arrest for driving under the influence (DUI) in Illinois is to not drink and drive. However, when you know the most common reasons people are charged with drunk driving, you are in a better position to avoid arrest yourself. In general, police are looking for probable cause, i.e., a reason to believe that you are driving drunk. Most police will take evidence of even one drink to be enough to arrest you for DUI. An experienced drunk driving defense attorney can explain your options if you were arrested, but a few tips on the ways motorists get charged with DUI in Illinois may be helpful.
- Violating Illinois Rules of the Road: Probable cause is easy for police when they observe you running a red light, failing to use your blinker, or speeding. If it is past 10pm, any violation of Illinois traffic laws gives officers reason to pull you over, at which point they may suspect you are drunk driving. You probably would not get pulled over for the same offense at 10am in the morning though.
- Sobriety Checkpoints: Road blocks are common around holidays, especially Halloween, New Year’s, Christmas, and other celebrations that may involve alcohol. Sobriety checkpoints are legal if all of the requirements are met, so police can arrest you for DUI if there are any indications that you have been drinking.
- Going Under the Speed Limit: When you drive too slowly, an officer may also suspect drunk driving. Going overboard with caution may actually hurt you.
- Texting and Driving: Illinois law is a primary enforcement state for texting and driving, so police do not need any other reason to pull you over. If they do, they may be able to smell alcohol, see your bloodshot eyes, or hear slurred speech.
- Being Involved in a Motor Vehicle Accident: When you are involved in a traffic collision that results in injuries, fatalities, or property damages, police will arrive on the scene shortly thereafter. They will interview you and inquire about the causes of the accident. Officers will also ask questions about where you were coming from and what you were doing. Through this investigation, they are likely to discover if you have been drinking and will arrest you for DUI.
- Weaving within Your Lane: It sounds strange, but yes, an office may pull you over for weaving in your own lane without crossing the fog or divider line. It is probable cause to stop you. Failing to drive along a consistent, straight path could be a sign of impairment. A reasonable suspicion is all police need to pull you over and further their investigation into drunk driving.
- Field Sobriety Tests: If you are stopped for any reason, an officer may request that you perform a test on your physical and cognitive abilities. While officers will try a variety of psychological pressures to get you to do so, you have every right to not take these tests. The walk-and-turn and one-legged stand are two common field sobriety tests. There are multiple factors police observe, so you could fail on various fronts. Most people, sober and impaired do fail. This video shows city employees attempting to perform the tests during police training. They fail.
At Glasgow & Olsson, our DUI defense lawyers have served many clients in DuPage, McHenry, Cook, and Lake Counties who were charged with drunk driving. We have extensive experience defending Illinois residents and in-depth knowledge of the laws covering your case. For more information on how we can help, please call 847.577.8700 or complete an online consultation form. We can schedule a consultation to review your legal options.
(image courtesy of Oliwier Gesla)