DISCLAIMER: The information in this article is for informational purposes only and should not be taken as legal advise. If you need legal advise, contact an attorney.
Some things in life are not meant to mix. Batman and the Joker will never see eye-to-eye and you’ll never want to put ice cream on a hamburger (I hope). Likewise, as long as people drink and drive, they will always have brush-ins with the law. If you have an Illinois DUI case pending, I hope this article is helpful to you. Here are the 10 Steps to an Illinois DUI case:
1. Police Stop
A police officer needs probable cause (reasonable grounds) to stop you. Any traffic violation the officer witnesses constitutes probable cause. If the officer stops you improperly, it may be grounds to have all resulting evidence barred from trial. Either way, the fun begins when the officer stops you.
2. Police Officer's Suspicion of DUI
After a police officer pulls you over, or responds to an accident you are involved in, he/she will observe your behavior. If your physical appearance or demeanor suggests to the officer that you are intoxicated (you have glossy eyes, slurred speech, etc.), he/she will ask you to perform a series of standard field sobriety tests.
3. Field Sobriety Tests
Standard field sobriety tests consist of the Walk-and-Turn Test, the One-Leg Stand Test, and the HGN (Horizontal Gaze Nystagmus) Test. There are also non-standardized field sobriety tests and field sobriety tests for cannabis. You have the right to refuse them all.
There are no consequences for refusing to take a field sobriety test. You will likely be arrested after refusing, but, in my experience, you will almost always be arrested after taking a field sobriety test anyway. The officer already believes you were driving under the influence. The test is a way to give the prosecutor in your case more evidence to use against you in your personalized Illinois DUI case.
4. The Portable-Breath Test (A chemical test)
Prior to your inevitable arrest, the officer may ask you to take a portable-breath test to see if your blood-alcohol concentration is .08 or above. You have the right to refuse to take this test as well, and the results are inadmissible at trial. The officer is trying to secure probable cause to arrest you, but, again, he will likely do that anyway.
Speaking of being arrested…
5. Arrest
If the officer believes he/she has reasonable grounds to arrest you for DUI, he/she will arrest you for DUI. Taking the field sobriety and portable-breath tests will likely build evidence against you. When you refuse to take the tests, the officer arrests you based on his/her own observations. They have a much weaker case.
The act of being arrested is not the biggest deal in the world. Having a DUI conviction on your record is what hurts you. It is bad for your driving privileges and bad for future job opportunities. You should neither volunteer information to the police, nor give them other evidence to use against you.
Congratulations, you are officially the star of an Illinois DUI case. Play it smart.
6. Chemical Tests
At the police station, you will be asked to take a breathalyzer test. The results of this breathalyzer test, after you have been arrested, ARE admissible at trial (if the good officer follows proper procedure, of course). You have the right to refuse to take this test as well. If you take the test and your blood-alcohol concentration is .08 or greater, you can be charged with a DUI and your driver’s license will be suspended. Refusing to take the test results in a longer license suspension.
Why? Because they want to give you an incentive to take the test and build a stronger case against you. However, there are ways of fighting your driver’s license suspension, as explained in #7 below.
By the way, just because the state has the results of a breathalyzer test to dangle over your head does not mean you cannot win your Illinois DUI case. Be positive!
7. Petition to Cancel Your Driver's License Suspension in Illinois DUI case
Generally, you will be released from police custody on bond and notified that your license will be suspended in 46 days. Bummer.
The good news is, within 90 days of your arrest, you can petition the court for a hearing to rescind (cancel) your driver’s license suspension. They even have to give you a hearing within 30 days of filing or on the initial court date. Not bad, huh?
These petitions are civil matters. The burden of proof is on you to prove at least one element of improper police procedure. If you win, your driver’s license will not be suspended after 46 days. However, the case still proceeds.
8. Court Appearances
An Illinois DUI case is a criminal case. You appear in front of the judge, he/she advises you of the charges against you, evidence is exchanged, motions are filed, and off we go. This process may take a few court appearances.
Plead either “guilty” or “not guilty” after speaking with your lawyer. He/she can tell you the pros and cons of your decision and give you his/her opinion.
If you plead “guilty,” your lawyer can negotiate a sentence with the prosecutor. A sentence could range from a period of supervision or up to 364 days in jail, if it is your first offense. Most sentences include fines, fees, alcohol education classes, etc.
When you plead “not guilty,” you have a trial. The State has the burden of proving you guilty beyond a reasonable doubt. You have the choice of having a judge or jury.
9. Trial
At trial, the State calls their witnesses first. Usually, it is just the police officer that stopped you. Once the State rests its case, you can present any evidence you wish. Remember, the State has to PROVE its case against you, and you do not have to testify.
10. Sentencing
If the finding is “not guilty,” you are free to go. Congratulations.
However, if the finding is “guilty,” a sentencing hearing is held. The State presents aggravating factors, such as your previous criminal and traffic record. Your lawyer presents mitigating factors to show you in a positive light before the judge.
There you have it, the 10 Steps of an Illinois DUI case. Stay calm, stay positive. If you are in need of an Illinois DUI case lawyer, contact my office today for a FREE consultation by clicking the button below.