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What Are DUI Checkpoints and How Does Illinois Use Them?Like most other states in the U.S., Illinois allows law enforcement agencies to set up DUI checkpoints, where officers can stop passing vehicles to look for signs that the driver may be under the influence of drugs or alcohol. Twelve states prohibit checkpoints, saying that they violate the drivers’ constitutional rights by stopping them without having to establish reasonable suspicion. Absent a change in Illinois’ law, you need to understand what a DUI checkpoint is and what your rights are when approaching one.

How Do DUI Checkpoints Work?

Normally, a police officer can stop a vehicle only if they have reasonable suspicion that the driver is violating the law or the driver shows signs of being a danger to him or herself or others. If an officer stopped a vehicle without a valid reason, any criminal evidence that they found would be inadmissible in the case. With a DUI checkpoint – sometimes called a sobriety checkpoint – officers set up a roadblock at a predetermined location and are allowed to stop any driver who passes through. DUI checkpoints are most common during times of the year such as holiday weekends when people are more likely to be drinking and traveling. Law enforcement departments will often publicize when they will have DUI checkpoints in order to discourage people from drunk driving.

What Are Your Rights?

If you are approaching a DUI checkpoint, it is important to remain calm. You have several rights you can exercise before you reach the point when police may arrest you for driving under the influence:

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Should You Refuse a DUI Breath or Blood Test?Drivers who are stopped on suspicion of driving under the influence often face a difficult decision when a police officer asks them to submit to chemical testing. Providing a breath or blood sample could give evidence that your blood alcohol concentration is above the legal limit or that you have an illegal drug in your body. However, refusing the test will result in the suspension of your driver’s license and will not prevent prosecutors from charging you with DUI. Though there are consequences for refusal, preventing chemical testing could make it more difficult to prove that you are guilty of DUI.

Implied Consent

According to the implied consent law, Illinois drivers have already consented to chemical testing for DUI when they are driving or have actual physical control of a vehicle. If you refuse chemical testing, the police will notify the Illinois Secretary of State’s office, which will suspend your driver’s license for a year. In contrast, failing a DUI test results in a six-month license suspension, though a DUI conviction would come with worse consequences. A summary suspension is an administrative action that is separate from criminal charges. Your license can be suspended even if you are never charged with or convicted for DUI.

Rules for Chemical Testing

A court may dismiss the evidence from a chemical test if the officer did not follow the legal procedures:

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