It goes without saying that driving under the influence is a serious crime with serious repercussions for many individuals and their families. In addition to all the fines, criminal penalties, and lawyer’s fees, there is also the very real possibility of causing an injury to yourself or someone else.

But notwithstanding the gravity of the offense, the fact remains that many innocent drivers are wrongfully targeted for DUI investigations. This is especially true for college students who are in many ways vulnerable to police intimidation due to a lack of financial resources and minimal experience with the criminal justice system. With that in mind, here is a brief description of your rights, duties, and obligations when pulled over by the police:

DO’S AND DON’T’S
First, you should always provide the officer with a valid license, registration, and proof of insurance. This is basic information, which you should always have in your car and be able to produce upon request. Always know where those documents are located and do not go fumbling for them once the police ask!

Never act impolite, rude, or disgruntled. There are two reasons for this: (1) if the officer doesn’t think you’re under the influence and you’re friendly, he may let you off with a warning for the underlying traffic violation; and (2) perhaps more importantly, your congenial disposition on the roadside is evidence of sobriety that can be used in the courtroom. Often times, a motorist’s attitude can be the difference between a second chance and a trip to jail. In other words, don’t go calling people “sugar tits.”

HAVE YOU BEEN DRINKING?
If the officer asks you if you’ve been drinking, keep one thing in mind: the police cannot force you to answer incriminating questions. So, if you’ve had one or two beers over a 6 hour period, that’s probably not incriminating. However, keep in mind that police officers do not always accurately report the answers you give. Often times 1-2 beers turns into 4 to 5 on the police report, so be cautious if you decide to answer.

There is also, however, a caveat here. If you’re under 21 and driving in Illinois, Zero Tolerance applies. Zero Tolerance means that any alcohol in your system is a violation of the law (even if you’re a Hilton). Therefore, admitting that you consumed any alcohol is incriminating. The bottom line: no matter what your age, if answering that question is not a good idea, politely ask for an attorney.

FIELD SOBRIETY TESTS AND BREATHALYZERS
The same goes for field sobriety tests (“FSTs”) and breathalyzers - you don’t have to, and probably shouldn’t, take them. FSTs and breathalyzers are used by the State as “objective” evidence of your intoxication. Many people make the mistake of thinking, “these FSTs are easy, I’ll pass them and be on my way.” See Tony La Russa or Bob Huggins. The truth is, however, that the FSTs are actually complex, multi-instruction exercises in dexterity and even the most agile and sober among us can easily “fail” due to a single misstep.

You also do not have to take a breathalyzer. It is true, however, that if you refuse the breath test, your driver’s license will automatically be suspended. But this suspension does not mean that the State automatically convicts you of the criminal charge of DUI. They must still produce evidence, beyond a reasonable doubt, that you were driving drunk. However they must now do so without the benefit of the breath test. Moreover, the suspension, though automatic, can still be challenged at a separate hearing.

ALWAYS REMEMBER
You should keep in mind that refusing an FST or breathalyzer and/or asking for your lawyer is not magic. The officer’s not going to declare you the “smartest person in the world” and send you on your way. Most likely, you will still be placed under arrest. Though you probably don’t want to spend your Unofficial in a drunk-tank, in the long run, knowing your rights is going to pay off when you fight your case in court.

Also keep in mind that this article is based on Illinois law. So, if you’re driving in another state, there may be some differences in the applicable law. But, no matter where you are, asking for your attorney is usually a safe bet.

As always, the best way to avoid any legal problem is to act in a lawful manner. A year’s worth of cab rides is usually going to be cheaper than a lawyer’s fee. Have a safe weekend!

Gotta Question? Ask Tim!
law@theboozenews.com

Timothy J. Fiscella
Law Office of Timothy J. Fiscella
708-415-7791
tjfiscella@TJFiscellalaw.com
Practice Areas: DUI, traffic, misdemeanor, drug possession, expungements