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Chronology of a DUI in Illinois
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According to the Illinois Secretary of State, the following is a typical chronology of what happens when someone is pulled over in Illinois and suspected of driving under the influence. Please note that every case is different.
- An officer stops a vehicle at a roadside safety check or for probable cause, reasonable suspicion or unusual operation.
- The officer observes the driver and requests a driver's license, vehicle registration and insurance card.
- If the officer suspects the driver is under the influence, the driver is requested to submit to field sobriety tests.
- If the officer does not suspect the driver is under the influence, the driver is released with any applicable violations.
- If the officer has probable cause based on the field sobriety tests, the driver is placed under arrest for DUI and taken to the police station. The driver is requested to submit to a chemical testing of breath, urine or blood.
- If the chemical test determines the driver is not under the influence, the driver is released with any applicable violations.
- If a tested driver's BAC is more than .05 but less than .08 percent and no drugs are found in the system, no summary suspension will apply. However, the associated DUI charge will remain until appropriate action is taken by the court.
- If the driver refuses or fails to complete testing, the statutory summary suspension will apply. A repeat offender who refuses testing will not be eligible for a restricted driving permit during the three-year suspension. A repeat offender who takes the test and fails is not eligible for a restricted driving permit during the 12-month suspension.
- If the driver's test results show a BAC of .08 percent or more, or any trace of a drug, illegal substance or intoxicating compound, the driver will be issued a law enforcement sworn report notifying the driver of a statutory summary suspension.
- If the driver's license is valid, a receipt is issued that will allow driving for 45 days.
- A driver may obtain additional testing at his or her own expense; the results are admissible in court.
- The offender is required to post bond and may be detained until bond is posted.
- The offender's vehicle may be towed, impounded or seized.
If you have any questions about Illinois DUI laws or would like a referral to an Illinois traffic lawyer, please contact us. All inquiries are free and confidential.
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