Illinois Drunk Driving Defense Attorneys
Frequently Asked Questions
Vital Information You Need To Have If You Are Accused Of A DUI
- What type of driving indicates DUI to police officers patrolling the roads?
- What should I say to the police officer that stops me and asks me if I have been drinking?
- Should I agree to perform field sobriety tests (FSTs)?
- Should I submit to a chemical test? Can I refuse?
- What type of chemical test should I take?
- Should my case be dismissed if the officer never read me my Miranda Rights?
- Why do I have two (2) charges against me?
- Why was my driver's license not returned to me when I was released?
- It's only a DUI; can't I just represent myself?
- Is it important that my attorney have experience in the court where my case is pending?
- What type of driving indicates DUI to police officers patrolling the roads?
The symptoms of a driver under the influence vary depending on the person's reaction to alcohol, but often include:
- Driving more than 10 mph below the speed limit
- Erratic braking
- Near accidents
- Slow response to traffic lights and signs
- Turning abruptly
- Straddling the center line
- Swerving
- Stopping without cause
- Following too closely
- Driving off the designated road
- Looking intoxicated
- Using the wrong turn signal
- Drifting
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What should I say to the police officer that stops me and asks me if I have been drinking?
The police cannot force you to answer any incriminating questions. Therefore you may feel free to tell them that you would prefer to speak to an attorney before answering any questions. Since telling the officer that you had one beer is not incriminating, you may wish to explain the odor of alcohol on your breath this way.
- Should I agree to perform field sobriety tests (FSTs)?
Field sobriety tests can include a variety of physical tests including:
heel-to-toe, finger-to-nose, one leg stand, alphabet recitations, fingers to thumb, etc. You are not legally required to perform any of these tests. Whether you pass or not is a very subjective determination and the officer may deem you to have failed even if you felt you did very well. This evidence can then be used to help convict you of DUI. It is often a good idea to politely decline these tests. - Should I submit to a chemical test? Can I refuse?
The police officer cannot force you to submit to a chemical test. However, if it is found that you refused the test, your Illinois Driver's License will be suspended for a one-year period by the Department of Motor Vehicles no matter what the outcome of the court case is. You have the right to a hearing to contest this suspension and must request this hearing within ten (10) days from the date of you arrest.
- What type of chemical test should I take?
You are often given a choice of Blood or Breathe tests. Blood tests are the most accurate of the tests. If you give a blood sample, the sample must be preserved according to specific rules so that it is available to your attorney for independent testing and analysis later. Breath tests are fairly reliable, but the results can be unreliable for a variety of reasons. No breath sample can be preserved for later analysis. Urine tests are no longer valid in Illinois because it is generally the least accurate of the three tests. In summary, a blood test is the most accurate and should be chosen if you are confident that your blood alcohol content is below the legal limit. If you are concerned that your blood alcohol level may be high, you may consider taking a breath test so that there is a possibility of impeaching the results later.
- Should my case be dismissed if the officer never read me my Miranda Rights?
While officers are supposed give you a warning about your 5th Amendment rights, failure to do so usually does not merit a dismissal. However, if an officer fails to inform you of these rights, the prosecution is not allowed to use your answers to their post arrest questions as evidence of your DUI.
- Why do I have two (2) charges against me?
You are being charged with two separate crimes. In most DUI situations you are charged with [1] driving with a blood alcohol content of .08% or higher, and [2] driving while under the influence of alcohol. You can be convicted of either one or both, but you are only punished once.
- Why was my driver's license not returned to me when I was released?
Your license was taken away by the police and you were issued a notice of suspension. This form is your temporary driver's license for 45 days following your arrest. After those 45 days, your ILLINOIS Driver's License is suspended unless you request a hearing disputing this suspension with the DMV. WARNING: YOU HAVE ONLY 10 DAYS FROM THE DATE OF YOUR ARREST TO CONTACT THE DMV AND REQUEST THIS HEARING. I will be able to contact the DMV for you and represent you at this hearing.
- It's only a DUI; can't I just represent myself?
While you are legally allowed to represent yourself, you are likely to get a much more favorable result if you retain a knowledgeable DUI attorney to represent you. In many cases hiring a QUALIFIED attorney can result in the charges being reduced or dismissed. In addition, the need for jail time can often be eliminated.
An experienced QUALIFIED attorney will review your case and the police reports. Your attorney will also analyze the results of the chemical tests, compel discovery of the pertinent maintenance records and arrange for blood samples to be tested by an independent lab. An experienced DUI attorney will be able to file Motions on your behalf with the court and attempt to negotiate a favorable conclusion with the District Attorney.
- Is it important that my attorney have experience in the court where my case is pending?
No matter how you find your attorney, it is very important that they are experienced in handling DUI matters, DMV matters and are very familiar with the court where your case is pending. An attorney who handles many cases in your court will be familiar with the personnel in that court and will know about their particular sentencing policies. This familiarity often leads to a more favorable outcome. I will have substantial experience in the court where your case is pending.
Contact a Lake County and Northern Cook County DUI Lawyer
If you have been charged with Driving Under the Influence or any other criminal offense, please contact Jerald Novak & Associates. I don’t just say I can help with your Illinois DUI defense, I prove it.
