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IL DUI lawyerDuring this time in Illinois, there are fewer cars on the road and with bars closed, there is less of a possibility to find a drunk driver. However, people have not completely stopped leaving their homes and since there are fewer cars out, it will be easier for police to spot a driver under the influence.

While patrolling the streets, police officers look for signs of intoxication such as braking hard or fast, swerving between lanes, disobeying traffic laws, running red lights, etc. Any of these signs will warrant a traffic stop so that the officer can determine if the driver is in fact drunk.

What Happens When a Car Is Stopped?

Illinois police officers have the right and responsibility to pull over any vehicle they suspect to be operated by a drunk driver. Once the stop has been made, the officer will approach the suspected vehicle and observe the state of the driver.

If the officer sees any signs of drunkenness, they can then perform a field sobriety test. Signs an officer will look for include:

  • Slurred speech
  • Red and/or watery eyes
  • Smell of alcohol on the driver’s breath
  • Driver confusion or inability to comply with requests by the officer
  • Open containers in the vehicle
  • Driver admission to consuming alcohol

Once the officer suspects that the driver is drunk, they can order a field sobriety test; this usually is a test of three actions the driver must perform to defend their sobriety. An officer can ask the driver to walk in a straight line, put their finger on their nose and raise one leg, or follow the officer’s finger with their eyes.

Based on the observed results, the officer will have probable cause to make an arrest.

During the traffic stop, an officer could also conduct a preliminary alcohol screening which involves the driver breathing into a portable breathalyzer. This device measures blood alcohol content (BAC). If the driver’s BAC is over the legal limit, 0.08, then the officer has cause to make an arrest.

What Not to Do During a DUI Traffic Stop

It is always important to follow the officer’s directions when stopped under suspicion of DUI. Even if you are sober, acting calm and unoffended is the best way to behave. Acting irrationally or giving the officer a hard time for doing their job could lead to a different type of arrest.

To protect yourself during a traffic stop, drivers should not:

  • Act aggravated or defensive
  • Make any sudden movements that could be considered “hostile”
  • Exit their vehicle until directed by the officer
  • Swear at the officer
  • Act vulgar or irrational

If a driver is sober and knows it, they should remain calm and get through the traffic stop as easily as possible. If it is proven that the driver is sober, no charges will be issued by the police officer.

Contact an Elgin, IL DUI Attorney

If an arrest is made after a traffic stop, the driver should hire a lawyer from the Law Offices of Brian J. Mirandola who can help defend the driver’s right. They can build a case to avoid serious punishments. To schedule a free consultation with a Kane County DUI lawyer, call our office at 847-488-0889.

 

Source:

https://www.dui-usa.drinkdriving.org/dui_dwi_information.php

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Posted on in BAIID

BAIID, Elgin Criminal Defense AttorneyMost people who decide to get behind the wheel after drinking usually realize that what they are doing is illegal and dangerous. Awareness regarding the danger and irresponsibility of drunk driving has steadily increased since the early 1990s when many states began to launch serious campaigns to deter drunk drivers. Around the same time, police departments across the country focused their efforts on cracking down on drunk driving offenses.

Unfortunately, however, the problem of driving under the influence has not, in any real way, been eradicated. The numbers, in fact, tend to fluctuate with no discernable pattern from one year to the next. In 2012, for example, there was a significant increase in the number of fatalities resulting from drunk driving, that after 2011 when the death toll fell below 10,000 for the first time.

Reaction to Rising Death Numbers

That year saw a 3.3 percent increase in fatalities, causing some activists to call for ignition interlock devices to be installed in the car of every convicted drunk driver across the country. In Illinois, a person convicted of drunk driving may apply for driving relief during the period of statutory license suspension and choose to have a Breath Alcohol Ignition Interlock Device (BAIID) installed in his/her vehicle. If a person convicted of drunk driving qualifies for the program and has the BAIID installed in his vehicle, there are no other stipulations regarding his driving rights. He or she may drive anywhere at any time and is allowed to travel, even interstate, providing that the BAIID is installed and functioning properly.

It is important to note that the state of Illinois does not force all convicted drunk drivers to install the BAIID. An offender may elect to simply not drive during the mandatory suspension period. However, if the person is then caught driving during the suspension he or she may be charged with a Class 4 felony, regardless of whether alcohol was again involved. The penalties for driving without an ignition interlock device during the period of license suspension include possible imprisonment of one to three years, a minimum of 30 days in jail or 300 hours of community service, and fines as high as $25,000.

Facing DUI Charges?

If you or a member of your family has been accused of drunk driving, seek legal help immediately. Contact an experienced DUI defense attorney in Kane County to discuss your case and your available options. Call 847-488-0889 to schedule your free consultation at The The Law Office of Brian J. Mirandola today.

Sources:

http://www.madd.org/blog/2013/november/2012-fatality-data.html

https://www.cyberdriveillinois.com/departments/BAIID/baiid.html

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