What to Expect in a DUI Traffic Stop
No one ever anticipates being the recipient of a DUI charge when they begin their drive. If we had that information, perhaps more individuals would choose one of the many alternate options to make it to their destination. However, once a driver has been pulled over safely, it is the duty of the officers to complete standard procedures. If the officer fails to complete the routine in a legal manner, anything that the driver is charged for, including driving under the influence of alcohol or marijuana, may be susceptible to being dismissed.
Chronological Order of a DUI Traffic Stop
Officers endure extensive training programs to be prepared to follow protocol instinctively during a traffic stop. If the officer strays from the guidelines set for them, they potentially may also be in violation of the law. The steps flow in such a way to protect the rights of citizens, and these rights are not to be infringed upon. These measures include:
- The officer stops the vehicle at a safety checkpoint or has probable cause, reasonable suspicion or special operation,
- The officer makes an observation of the driver and requests to see a driver’s license, current vehicle registration and proof of valid insurance,
- If the officer does not find any evidence of driving under the influence, the driver is released and free to go. At this point, the suspect is not under arrest, but if the officer sees something that may suggest that the suspect is driving under the influence, the officer may ask that the driver participates in a field sobriety test. The driver can choose to decline the request, and
- If the driver does not agree to submit to the test and the officer observes further evidence of driving under the influence, the driver could be officially placed under arrest.
One of the most common defenses for a DUI charge is to find holes in the prosecution's allegations. If the officer has forced a driver to submit to the voluntary field sobriety test or has broken the law in some other way, the charges brought may not be legal and valid. However, each DUI case has a different set of circumstances and the best way to find a defense that will work for your situation is to contact a DUI defense attorney.
If you are interested in discussing your charges with an experienced and aggressive Cook County, IL DUI defense lawyer, contact Stringini & Garvey, P.C. today at 630-834-9595. We also serve clients in Addison, Maywood, Wheaton, Rolling Meadows, Bridgeview and all surrounding Chicagoland areas.
Sources:
https://www.cyberdriveillinois.com/publications/pdf_publications/dsd_a118.pdf
http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K11-501
http://www.isp.state.il.us/traffic/drnkdriving.cfm
