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Keeping Your Cool Helps During DUI Stop

Posted on in DUI Defense

Keeping Your Cool Helps During DUI StopEvery year, thousands of Illinoisans are arrested and charged with driving under the influence of drugs or alcohol. A DUI conviction can come with serious legal ramifications including a misdemeanor charge on your criminal record and a one-year license revocation period. Recognizing the legal consequences of a DUI, many people panic when they are stopped by a police officer who suspects drunk or drugged driving. The reality of the situation is that your ability to remain calm and composed can make all the difference in avoiding a conviction. If you have been charged with driving under the influence, it is time to speak with a knowledgeable defense attorney. 

Remaining Calm and Composed During a DUI Traffic Stop 

When you see police car lights behind your vehicle, it is entirely common to panic and experience anxiety. The first step you should take in this situation is to take a deep breath and find a safe area to pull over. If you pull over on a bridge or at an unsafe area of the road, the officer may immediately question your judgment. After pulling over safely, it is critically important to gather yourself and your composure. 

Many people make the mistake of answering too many questions during a traffic stop. There is a fine line between being cooperative and incriminating yourself. You have no legal obligation to answer any question from a police officer. You simply must provide them with your license and registration. Exercising your legal rights is not a form of disobedience. 

If the officer requests that you take a breath test, you have the legal right to refuse. In Illinois, refusal to take part in chemical testing is an administrative offense but not a criminal violation of state law. You will lose your driving privileges for one year but may avoid a DUI conviction. If the officer forces you to take part in any form of chemical testing, they are acting in an unlawful manner. 

If you are arrested and taken into police custody, it is critically important to remember the details of the arrest process. Most importantly, try to recall if the officer read you your Miranda warning. Once you are under arrest, you have the legal right to remain silent and to contact an attorney. If an acting officer attempts to intimidate or scare you into talking, that information can be crucial to your attorney’s defense strategy. 

Contact an Oak Brook DUI Defense Attorney 

At McMahon Law Offices, we work with our clients to develop a comprehensive defense strategy. Your ability to recount the traffic stop and arrest process can be crucial in the courtroom. In many DUI cases, police negligence plays a significant role in our defense strategy. To schedule a free consultation with a knowledgeable DuPage County criminal defense attorney, call us today at 630-953-4400. 

Sources:

https://cyberdriveillinois.com/publications/pdf_publications/dsd_a118.pdf

DuPage County Bar Association Top 100 Illinois State Bar Association AVVO Rating Illinois Prosecutors Bar Association AVVO Reviews
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