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Archive for March, 2020

What Sobriety Tests can Drivers Refuse When Pulled Over for a DUI?

March 12th, 2020 at 9:38 am

IL DUI attorney, IL defense lawyerProsecutors in Kane County will be stepping up their DUI patrols during the weekend just before St. Patrick’s Day. While this is the 25th year in a row that Kane County has conducted these patrols known as “No Refusal” patrols, there is an important change this year.

When a driver is pulled over for a suspected DUI and refuses to submit to a chemical test, such as the breathalyzer, they will automatically lose their driver’s license for one year. Law enforcement will then contact an on-call judge that can issue an immediate warrant for the test. If the suspected driver still refuses, the test can be taken forcefully, and the driver can even face charges of obstruction of justice. The news of the patrols, and the change, has many drivers asking when they can refuse a test, and what type of test they can refuse if pulled over for a DUI.

Refusing Chemical Tests

Chemical tests used to prove that a driver is operating a motor vehicle with a blood alcohol concentration of 0.08 or greater can include breath tests, blood tests, and urine tests. Any time a driver is pulled over for a suspected DUI and refuses to submit to these tests, they will likely lose their license for one year. This is true in all counties, and at any time of the year.

This penalty drivers face is due to Illinois’ implied consent laws. Implied consent means that any time a driver gets behind the wheel, they have already consented to a chemical test if law enforcement asks them to submit to one.

Even with the implied consent law and the penalty that results from refusing a test, it is usually advised that drivers refuse these tests. The results from these tests can provide the prosecution with the proof they need to secure a conviction and so, in most but not all cases it is advised that drivers refuse these tests. For example, due to the additional charge drivers may face in March in Kane County, when a subpoena has been obtained, drivers should submit to these tests.

Field Sobriety Tests

Another type of test law enforcement may ask drivers to submit to include field sobriety tests. These tests include the Walk-and-Turn test, the One-Leg Stand test, and more. These tests are highly subjective, rely largely on the officer’s own opinion, and are highly unreliable. Drivers can refuse these tests without fear of losing their driver’s license, but they will still likely be arrested for a DUI. Like chemical tests, it is advised that all drivers always refuse field sobriety tests so they do not provide the prosecution with evidence.

Our Illinois DUI Lawyer can Help with Your DUI Charges

If you are facing DUI charges, you need the help of our skilled Rolling Meadows DUI lawyer at the Law Offices of Christopher M. Cosley. Attorney Cosley has helped many clients beat their DUI charges and he will put that experience to work for you. After reviewing your case he will create a solid defense to give you the best chance of a successful outcome. If you or a loved one has been arrested for a DUI, call us today at 847-394-3200 to schedule your free consultation and to learn more about how he can help.

 

Source:

https://www.dailyherald.com/news/20200217/kane-county-authorities-plan-no-refusal-dui-patrol-around-st-patricks-day-with-one-change

 

Five Mistakes to Avoid When Pulled Over for a DUI

March 5th, 2020 at 8:25 am

DUIBeing pulled over is a scary thing, even when a person has not been drinking. When an officer approaches the window and suspects you are intoxicated, it becomes even more frightening. Even though you are nervous, it is important to remember that you have rights and that you know what to do, and what not to do. Below are the five biggest mistakes many drivers make when they are pulled over for a suspected DUI, and how doing them can negatively affect your case.

Admit You Have Been Drinking

If you have only had one or two drinks, you may feel confident in telling the police officer that when they ask. However, this is a big mistake, and you should never admit that you have been drinking. The officer and prosecution will hold this against you later in your case. It is equally important that you do not lie to the officer. Ask if you are being charged with anything and if they ask again if you have been drinking, tell them you would rather not say.

Submit to a Field Sobriety Test

Field sobriety tests are notoriously incorrect and rely largely on proper execution and the officer’s judgment, which is typically not impartial. The results of these tests will also be used against you, and there is no legal consequence for refusing to submit to them. However, under Illinois’ implied consent laws, you must comply with a chemical test or you face losing your license. So, make sure that you make it clear that you are only refusing the field sobriety tests.

Cooperate with the Officer

You must provide your name, driver’s license, insurance information, and registration to the police officer if they ask you for them. With the exception of field sobriety tests, it is in your best interest to cooperate with the officer, even if they arrest you. Resisting arrest is a serious offense in Illinois and this charge could be added to your case if the officer believes you are not cooperating. Additionally, a judge and jury will likely look poorly on any attempt to resist arrest. Instead, cooperate and call an attorney as soon as possible.

Permitting a Request for a Vehicle Search

You may or may not have to provide consent before the police can search your vehicle. If the officer does not have probable cause to believe that they will find incriminating evidence, they cannot search your vehicle without your consent. If they do have probable cause, however, they can search your vehicle without your consent.

Due to this rule of law, you should never provide consent if an officer asks to search your vehicle. If they have legal grounds to do so, they will conduct the search anyway. If they do not, any search they conduct can be challenged in court. It is important that if officers attempt to search your vehicle, you cooperate with them. Otherwise, this could also be held against you.

Failing to Speak to an Illinois Criminal Defense Lawyer

Facing DUI charges is very serious and you should not face them on your own. At the Law Offices of Christopher M. Cosley, our skilled Rolling Meadows criminal defense lawyer can help. Attorney Cosley knows how to challenge DUI charges, illegal searches, field sobriety test results, and even breathalyzer results. He will use this experience to give you the best chance of getting your charges reduced, or dropped altogether. Call us today at 847-394-3200 or contact us online to schedule your free consultation.

 

Source:

 

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