What happens during an Illinois DUI arrest?

Have you ever wondered what happens during a DUI arrest? While every DUI is different and varies based on a variety of factors, the following is a typical scenario for a DUI stop in Illinois:

  1. First, a police officer requests that the driver pulls over their vehicle. This can be a part of a DUI checkpoint, roadside safety check, response to a reported accident, traffic violation or if the officer has other reasonable cause or suspicion that the driver is under the influence (for more info, see our article Reasonable Suspicion and Probable Cause).

  2. The driver is asked to produce a valid driver’s license, car registration, and proof of insurance.

  3. If the officer does not have reason to suspect the driver is intoxicated, then the driver will be free to go. Otherwise, the officer will ask the driver to step out of the vehicle and perform field sobriety tests.

  4. The driver may be asked to submit to a preliminary breath test (PBT).
  5. Based on the driver’s performance during the field sobriety test (and the result of the PBT, if offered), the driver may be placed under arrest and transported to the police station for further chemical testing – breath, blood, and/or urine.

  6. Once at the station, the officer with read the Warnings to Motorist, which will advise the driver of the consequences of taking or refusing chemical testing.
  7. If the testing at the station indicates that the driver had a blood alcohol content (BAC) between .05 and 0.08 and no narcotics are found in their system, then no statutory summary suspension (SSS – see What is the Illinois Summary Suspension Law?) will apply, however the driver may still be charged with DUI.

  8. Depending on whether the driver fails the test(s) (BAC over a .08) or refuses to submit to testing, a statutory summary suspension will apply. First time offenders may be eligible for a Monitoring Device Driving Permit and repeat DUI offenders may qualify for a Restricted Driving Permit.

  9. If the driver had a valid driver’s license at the time of arrest, they will be issued a sworn report, allowing them to drive for the next 45 days, at which time the the statutory summary suspension takes effect.

  10. The driver will be photographed, fingerprinted and processed.
  11. The driver may be required to post bond before being released.

  12. The driver’s vehicle may be towed, impounded, and seized – see our previous article entitled “Can my Vehicle be Seized for DUI in Illinois?”

If you have been arrested for driving under the influence in Illinois, contact the defense attorneys at The Davis Law Group, P.C. for a free initial consultation. We have decades of combined experience providing high-quality representation to our clients. Call us at (847) 390-8500 or get in touch with us via our contact page.

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