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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.

 

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Written by Staff Writer

March 5th, 2020 at 8:25 am

Posted in DUI/DWI

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