DUI Motor Stop: What are Your Rights?

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digidreamgrafix@freedigitalphotos.netIn 2014, the state of Illinois recorded 34,611 DUI arrests and 14,343 DUI convictions.

Let us be straight with you. If you’re drunk, don’t drive, but in the event that you choose to ignore this friendly advice and drive anyway, there is a huge possibility that you will be busted for driving under the influence. When an officer pulls you over for a DUI stop, do you know what your rights are and how you can protect them?

Right to Silence

A person’s right to remain silent allows them to refuse to answer police questions during a traffic stop. This means that when the officer asks if the driver has been drinking or where the driver is coming from, the driver is not under any obligation to answer. Of course, be considerate. If you have nothing to be guilty of, you answer the officer truthfully, but keep this in mind, silence isn’t golden during traffic stops, so try to take the middle ground.

Right Not to Consent

In addition to the right to remain silent, drivers also have the right to refuse to give the officer permission to search their vehicle. This is not the same as a right not to have the vehicle searched. This right not to consent to a search also affects whether a person must submit to a Breathalyzer test. People do have the right to refuse such a test; however, Illinois has an “implied consent” law, which means such a refusal could result in a driver’s license suspension. Springfield, IL DUI lawyers say that this helps in reducing the risk of being accused of the offense even if you did not take any substance.

Resisting Arrest

No, you don’t want to resist an arrest even if it’s unlawful or improper. Cooperate with the authorities and let the legal system sort it out.