What to Expect During an Illinois DUI Traffic Stop

 Posted on January 31, 2026 in Traffic violations

As of 2026, if you are stopped for suspected DUI in Illinois, police must follow specific steps, and knowing what usually happens can help you feel more prepared. Understanding the process can help you stay calm and avoid actions that may make the situation worse.

DUI stops are not rare. According to recent data reported on Illinois DUI enforcement trends, tens of thousands of drivers are arrested for DUI each year across the state. This means many people find themselves in this situation unexpectedly. Knowing what to expect can help you protect your rights. If you are already facing a DUI stop or charge, our Kane County, IL DUI defense lawyer can help you build a strategy to challenge it.

Why Do Officers Ask Questions During a DUI Stop?

After the initial contact, the officer may ask where you are coming from or whether you have had anything to drink. These questions are meant to gather information and observe how you respond.

You are obligated to provide identifying information, such as your name and license. You are not required to answer questions about drinking. You can politely decline to answer without being argumentative.

What Are Field Sobriety Tests, and Are They Required During an Illinois DUI Stop?

If the officer suspects impairment, they may ask you to step out of the vehicle and perform field sobriety tests. These tests are designed to check balance, coordination, and the ability to follow instructions.

Common field sobriety tests include:

• Walking heel-to-toe in a straight line

• Standing on one leg while counting

• Following an object with your eyes

These tests are generally voluntary. You may refuse them, although the officer may still rely on other observations to decide what happens next.

How Do Breath and Chemical Tests Work in Illinois?

If an officer believes there is enough evidence of impairment, you may be arrested and asked to submit to chemical testing. Illinois uses an implied consent law, found in 625 ILCS 5/11-501.1, which means drivers agree to chemical testing by driving on Illinois roads.

Refusing a breath or blood test can result in automatic license consequences, even if you are not ultimately convicted of DUI. An attorney can explain how refusal affects your driving privileges and your case.

What Happens After a DUI Arrest?

After an arrest, you are typically taken to a police station. You may be booked, fingerprinted, and informed of the charges. DUI offenses are defined under 625 ILCS 5/11-501, which covers driving under the influence of alcohol or other substances.

You will receive information about your court date and any temporary license status. This is often when the stress of the situation feels overwhelming, which is why legal guidance is important early on.

What Possible Defenses May Apply After an Illinois DUI Stop?

Every DUI case is different, and not every traffic stop leads to a valid charge. Possible defenses often focus on whether police followed the law and whether the evidence is reliable.

Common DUI defenses may include:

• Lack of legal grounds for the stop, meaning the officer did not have a valid reason to pull the vehicle over

• Problems with field sobriety tests, such as unclear instructions, uneven surfaces, or medical conditions that affected performance

• Issues with breath or blood testing, including improper calibration, handling, or timing

• Questionable observations, where signs of impairment may have other explanations, such as fatigue or stress

A defense does not mean denying anything happened. It means carefully reviewing whether the state can legally prove every part of the charge. A lawyer can identify which defenses may apply based on the facts of your stop and arrest.

Schedule a Free Consultation With Our Aurora, IL DUI Defense Attorney

Attorney Brian Mirandola is a former Assistant State’s Attorney with more than 20 years of experience in criminal law. He uses that background to explain how police and prosecutors approach DUI cases and to guide clients through each stage of the process.

If you have been stopped or charged with DUI, contact a Kane County, IL DUI defense lawyer at The Law Office of Brian J. Mirandola by calling 847-488-0889 to discuss your situation and learn what comes next.