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The Steps of A DUI Arrest

September 4th, 2013 at 9:49 am

Knowing what to expect in a DUI arrest can be helpful if you are involved in an incident. Knowing what’s required of the officer and what steps should be taken to protect your rights can also make a difference in the success or failure of your DUI case. If you have been charged with a DUI in Illinois, you need the help of an experienced criminal attorney.

LauraAt the outset of the arrest, the officer will stop a vehicle at a roadside safety check or for probable cause, reasonable suspicion, or unusual operation. The officer should then observe the driver and request proof of a driver’s license, insurance card, and vehicle registration information. In the event the officer does not suspect operation of the vehicle under the influence, he or she will release the driver without any further charges.

If the officer suspects that the driver is under the influence of alcohol, he or she will ask the driver to submit to field sobriety tests. If the field sobriety tests give the officer probable cause, the driver can be arrested for DUI and taken to the local police station. The driver should be asked to submit to chemical testing for the breath, blood, or urine.

Following this test, if the driver’s BAC is more than .05 but less than .08 and no drugs are found in the driver’s system, statutory summary suspensions will not apply, but the DUI charge can stay intact until other action is taken in court. If a driver refuses to submit to the testing, the statutory summary suspension can apply. Refusing to take the test can cause problems for your case down the road.

Fighting a DUI charge can be difficult, on your own, but an experienced DUI defense lawyer will fight on your behalf. For more information about your Illinois DUI arrest, contact a qualified criminal law attorney today.

 

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