DUI Traffic Stop Process
Being stopped for a DUI can be a gut-wrenching experience. Police have a way of making you feel guilty, even when you were not driving above the legal blood alcohol content (BAC) limit of .08 percent. During a stop, the consequences of being convicted might also enter your mind. In Illinois, driving under the influence is punished harshly. If you are pulled over for a DUI stop, it is important that you keep your cool. This is the best way to ensure a good outcome.
At O’Meara Law, we know that people get unfairly accused of driving under the influence. If you are being charged with a DUI, you need the help of our skilled legal team to avoid the harsh consequences of a conviction. Chicago DUI lawyer Michael O’Meara has over 20 years of experience in the courtroom both as a prosecutor and criminal defense lawyer. He is dedicated to giving each and every one of his clients the best case outcome possible under their circumstances.
If you want to protect your freedom and defend your rights, call 312-909-0706 today.
What Procedures Do the Police Follow at Traffic Stops?
A DUI traffic stop typically begins with flashing lights in the distance. Once you have been pulled over, the officer will approach you and ask for your license and registration. Depending on the officer’s initial observations at this point, they may ask you if you’ve been drinking or using drugs. At this point, they don’t expect you to tell the truth. They just want you to talk so they can get a better idea of whether you’re intoxicated or not. You are not required to answer the officer. You should speak calmly and keep in mind that you must only provide you license, proof of insurance, and registration.
Next, the officer may ask whether you will submit to a breathalyzer or field sobriety test. They may try to convince you that you’re required to take the tests. Although you can refuse, you may face penalties for refusal. If you take a breathalyzer test and the results are above .08 percent, you will likely be arrested for DUI. If you refuse to take a roadside breathalyzer test or undergo a field sobriety test, you may be arrested as well.
What You Should Do in a DUI Traffic Stop
Being stopped by the police can cause a lot of anxiety. However, if you follow these guidelines, the process may be smoother:
- Slow down and safely pull over to the right-hand shoulder of the roadway when you see flashing lights. If the shoulder is too narrow, drive at a reasonable speed or turn your flashers on to the next safest location. Do not slam on your brakes or stop in the middle of the road.
- Stay in your vehicle with both hands on the steering wheel until the police officer instructs you to retrieve items or until the traffic stop is complete.
- Roll the window down as the officer approaches. They may come to either the driver or passenger side of the vehicle.
- Provide your driver’s license and proof of insurance to the officer. Calmly tell the officer from where you will be retrieving these items.
- Follow instructions to exit the vehicle if the officer asks, but you do not have to have a lengthy conversation with them.
- Remain calm and call a Chicago DUI lawyer right away or have a family member do so for you.
Let Michael O’Meara Protect Your Rights
When police pull someone over for driving while intoxicated, there are specific rules that must be followed. For example, if an officer does not read you your Miranda rights during the arrest, the case may be dismissed. A police officer might also conduct a vehicle search without a warrant, consent, or probable cause – a blatant violation of your Fourth Amendment rights. The breath, urine, or blood test to determine your blood alcohol content must be performed on well-calibrated equipment by a trained professional.
An experienced Chicago DUI attorney will review every facet of your case to determine whether the police failed to follow procedures at your traffic stop. If you have been charged with a DUI, it may feel as though you are being treated unfairly. With years of experience in helping people avoid criminal convictions, attorney Michael O’Meara has the knowledge and resources to fight for your freedom. He will work tirelessly towards the positive resolution of your case.
To learn more about the defense of your DUI case, call O’Meara Law 312-909-0706 today.