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Arrested on New Year's Eve at an Illinois DUI Checkpoint: What to Know
posted on 12/31/24

It’s New Year’s Eve, and you’re dressed to impress. You head out to meet up with some friends and ring in the start of another year. You are excited about having a good time.

After the countdown is over, the ball drops. It’s cheers, hugs, streamers, more dancing, and a toast to another year ahead of you. Not too long after, you get in your car and begin the drive back home. Only you see police and barricades slowing cars down. You realize you are headed into an Illinois DUI checkpoint.

It can be incredibly scary when you see a DUI checkpoint, even if you have not been drinking. Having the scrutiny of law enforcement is never a comfortable position. Since DUI checkpoints are set up to catch drunk drivers, and they typically work well for this objective, arresting hundreds and even thousands of intoxicated drivers each year, your mind may be racing about what you should do.

If you were arrested at a sobriety checkpoint in Illinois, it can be advantageous to quickly get in touch with an attorney. An experienced DUI attorney will know how to assess your case and determine the right approach for contesting your DUI charges. Our Park Ridge DUI defense attorney at Glasgow & Olsson has the knowledge and resources to assist you and provide you with a strong defense so you can obtain the best possible outcome.

Watch Attorney Thomas T. Glasgow discuss how serious a DUI is on YouTube and TikTok.

Rules for Illinois Sobriety Checkpoints

In some states, DUI checkpoints are not legal. Illinois is not one of those states. Despite this, the Illinois Department of Transportation has guidelines that must be followed by law enforcement for them to be deemed legal, such as:

  • The checkpoints must be announced before being put up so the public can access this information.
  • Police are not permitted to stop every car that drives through the checkpoint; they must use an operational plan to stop cars.
  • There is a start and stop point for operating a checkpoint, and the time they are active must be reasonable.

Your Rights If You See a Checkpoint

Since law enforcement must publicize when they have a DUI checkpoint, including where and when one will be, you may research ahead of time to locate where possible checkpoints are. It is lawful to avoid a checkpoint when you are driving. Further, if you didn’t realize there was a checkpoint and you see one coming up on the road you are on, you can turn down another street or into a parking lot if either is around. 

The only thing you can’t and shouldn’t do is make an illegal maneuver to avoid the checkpoint. This can lead to law enforcement stopping you for a driving infraction. It is here that they could inspect you to see if there are any signs of intoxication. 

Get Qualified Legal Help Today

If you need representation for a DUI charge, Glasgow & Olsson is uniquely qualified to help you.

Thomas Glasgow has lectured statewide on DUI practice and law for the Illinois Institute of Continuing Legal Education.  He is recognized as an authority in this area of law, and in addition to lecturing, he also writes for the statewide DUI manual. When you need an attorney, experience matters. 

Speak with our DUI defense attorneys in Chicago today to learn how our experience can get you the results you deserve.