A Trap For Catching Drunk Drivers?
Generally speaking, it is not lawful for a police officer to stop you simply on the basis of wanting to determine whether you are intoxicated. In fact, if a law enforcement official pulls you over without providing a reason, it constitutes an unlawful traffic stop. The protocols for DUI checkpoints, however, seem to contradict the spirit of this law.
What You Need To Know About DUI Checkpoints
While DUI checkpoints are controversial, but they’re also a fact of life in Chicago. As a result, it is important to be knowledgeable about these roadway stops, including knowing:
- Are they legal? Yes, is that short answer to that question. Currently 38 states, including Illinois have laws that allow law enforcement agencies to set up sobriety test points to randomly check individuals and determine whether they are driving under the influence of alcohol or illegal drugs. These laws have been upheld by the U.S. Supreme Court as constitutional.
- How many checkpoints does the state of Illinois conduct each year? According to the Governors Highway Safety Association, the state conducts several hundred per year.
- What should I do if I have been stopped at one? The most important thing you can do is keep calm. You can’t control the situation, and trying to could get you arrested for far more than driving under the influence. Be polite to the officer, give them you license, proof of insurance and registration, if requested, and then invoke you right to remain silent. Be wary. Anything you say will probably elicit a question from the officer in an attempt to get you to talk. Don’t take the bait.
- Do I have the right to refuse roadside sobriety tests? Yes, you do, and most defense attorneys recommend it. Field sobriety tests are notorious for being subjective, and for being influenced by prescription drugs, medical issues, age and fear. You are also not required to take a Breathalyzer test administered in the field. The officer may place you under arrest , but it is better to wait until that happens and you are required to take a chemical test, then to do so voluntarily.
- Will I go to jail if I am charged? If this is your first offense, you will likely be released from custody as soon as someone can pick you up. And the likelihood is that you will simply sit on a bench or chair until that party arrives. If this is your second or subsequent arrest, or your blood alcohol content is particularly high, the officer has the discretion to keep you for up to 72 hours or to transport you to a detox center.
- What kind of chemical test will they give me? There are three options for chemical tests: Blood, urine, and breath. The officer makes the determination as to which test you will take, and may require that you take all three. If you disagree with the results, you may request further testing.
