Law enforcement in Illinois may not simply stop you on the road for no reason. They must have reasonable articulable suspicion that, as a driver, you are engaged in some activity that is violating Illinois laws. In other words, if law enforcement believes that you are going to engage in a crime or that you are actively committing a crime, then this gives them the right to pull you over. On the other hand, if an officer doesn’t believe and can’t put into words why he or she believes that you are committing a crime, the other way they can legally come in contact with you is if they think you need assistance. If they can point to reasons as to why you were having a health emergency that a Court will support, an officer can then come in contact with you, but cannot do so with the intent to instigate a criminal investigation.
While reasonable suspicion can lead to a traffic stop, in DUI cases, probable cause must exist for an arrest to be made. For example, there are countless reasons why a police officer may pull you over that do not have to do with the officer believing you are intoxicated. Perhaps the stop happened for a different reason, such as an illegal lane change, a broken tail light, or another moving violation. If, during the stop, an officer believes that you may be intoxicated, they can begin an investigation. It is not uncommon for DUI charges to result from an investigation after a stop that was initiated due to another reason unrelated to an officer believing a driver was under the influence.
However, in order for an officer to make an Illinois DUI arrest, probable cause must exist where the officer believes a driver is under the influence. Having probable cause, which can lead to an arrest, can be used to stop a vehicle.
With probable cause, an officer must have reasonable articulable to believe a crime occurred in order to warrant an arrest. For instance, perhaps a driver is unable to speak clearly and is audibly slurring, or they have a strong odor of alcohol or marijuana. Or, most compellingly, they submit to taking a field sobriety test, and they perform poorly. Any of these examples would give an officer valid probable cause to make an arrest.
So, this Fourth of July, remember to have fun, enjoy time with friends and family, and celebrate the national holiday. If you decide to partake in some adult beverages, though, have a plan. Whether you are going to stay at the place where you have some drinks, or you have a sober ride ready to take you home, it is best to be proactive to avoid the risks that come with driving after drinking on the Fourth of July.
If you do find yourself in a situation where you are pulled over and about to be arrested for a DUI, protect yourself by calling a Schaumburg DUI defense attorney at Glasgow & Olsson. It may be possible to challenge the stop or the arrest. It is also possible to file a motion to suppress evidence in your case. Remember, law enforcement is not immune from being questioned on their grounds for probable cause and the legality of the arrest.
Trusted, Proven DUI Defense
When facing a DUI charge, the quality of your legal representation can shape the course of your life. At Glasgow & Olsson, we don’t just practice DUI defense—we help define it.
Thomas Glasgow is widely recognized as a leading authority on DUI law in the state of Illinois. He lectures statewide for the Illinois Institute of Continuing Legal Education, contributes to the definitive DUI legal manual used by attorneys across the state, and is a trusted legal voice on major networks, including ABC, CNN, NBC, CBS, and Fox News.
When your freedom, reputation, and future are on the line, experience, judgment, and respect matter most.
Speak with our Chicago DUI defense team today and learn how decades of trusted experience can protect what matters most to you.