no need to leave your home to receive legal consultations and services - Call or click to learn more about phone and videoconferencing with our attorneys

What To Do If You Are Pulled Over For A DUI In Illinois

Article written by Illinois & Iowa Attorney Kevin O'Flaherty
Updated on
November 1, 2019

If you are pulled over under suspicion of a DUI, it is important to know your rights and the ramifications of your actions.  The purpose of this article is to assist you in making decisions that will put you in the best possible position in the event of a DUI.  

Penalties For First-Offense DUIs in Illinois

The Illinois Vehicle Code (623 ILCS 5/1-100, et seq.) requires the Illinois Secretary of State to revoke the driver’s license of anyone convicted of a DUI for a minimum of one year.  ​

‍First-offense DUIs are a Class A misdemeanor for which punishment can be imprisonment for up to 364 days or a fine up to $2,500.00.  In addition, if you are convicted of a DUI or receive a summary license suspension, your insurance company is likely to cancel your insurance policy, and your future insurance rates will be significantly increased.

‍You can read about statutory summary suspension as well as what happens if this is not your first offense here: 

How To Respond To Police Questions When You Are Pulled Over For A DUI In Illinois

‍If you are pulled over on suspicion of a DUI the police will typically not permit you to contact your attorney until you have submitted to or declined chemical testing.  The police are only required to give you Miranda warnings when they interrogate you, and may administer a breathalyzer test without a Miranda warning.  

‍The officer that pulls you over will likely ask you questions about what you were doing in the hours before being pulled over, your alcohol, food, and drug consumption, or your physical disabilities.  You should politely refuse to answer these questions until you are able to consult with your attorney, because any answers you give may make your DUI charge more difficult to defend.  If you have been involved in an accident, the only information that you are required to provide the police is personal and vehicle identification information.  

Should I Submit To A Breathalyzer Test?

‍Whether to submit to a breathalyzer test is a complicated matter that will heavily depend on your specific situation.  Illinois summary suspension law provides that refusal to submit to chemical testing results in an automatic minimum penalty of license suspension for 12 months.  First offenders who submit to the test may instead have their license suspended for 6 months if the test shows a Blood Alcohol Content (“BAC”) of 0.08 or greater.  

‍In some Illinois counties, first offenders may be offered court supervision.  However, many judges will not allow court supervision if your BAC is 0.20 or greater.  

If possible, you should consult with your attorney before deciding whether to submit to chemical testing.  If you are unable to reach your attorney, it is advisable to refuse testing if:

  • You are a not a first offender;
  • You were in a crash that resulted in someone else’s death or serious injury; or
  • You are likely to have a BAC of 0.20 or greater.

‍Police often use Preliminary Breath Tests (“PBTs”) at the scene of traffic stops before the driver is given the opportunity to consult with an attorney.  Refusal to submit to a Preliminary Breath Test will not result in an automatic summary suspension.  

Should I Submit To A Coordination Test If I'm Pulled Over For A DUI In Illinois?

‍The police will usually ask you to undergo coordination tests.  Your refusal to submit to a coordination test can be used as evidence against you at trial.  However, you will be permitted to explain your reason for refusal.  If the police ask you to submit to a coordination test after being arrested, you should speak to your attorney to determine how to proceed.  Since a police officer that has already arrested you is not likely to record observations that will place you in a positive light, we typically recommend refusing the coordination test if you are not able to reach your attorney.  

What To Do After You Are Arrested For A DUI In Illinois

If you are arrested for a DUI, it is important to develop favorable evidence for your attorney to use in your defense.  If you can have a friend or family member meet you at the police station, that person’s testimony as to your level of intoxication can be used in your defense.  If you submit to a chemical test, you should seek an additional test, which may contradict any unfavorable results arising from the police test.

In order to undergo an additional chemical test, you will first be required to post bond.  If the police wrongfully refuse to release you on bond, this may be a basis for dismissal of your case due to the wrongful prevention of your ability to undergo an additional chemical test.  

‍If you are arrested for a DUI, your driving privileges and possibly even your freedom will be at stake, and even the smallest misstep may impair your defense.  It is crucial to contact your attorney as soon as possible in the process.  

Additional Financial Considerations
from Financial Experts

From Financial Experts

For many years, financial institutions have been creating a disservice to clients and the industry as a whole for years.
View More Professional Considerations

Presented By O'Flaherty Law

Penalties For First-Offense DUIs in Illinois

Need Legal Help? 

Schedule a

What to Expect From a Consultation

The purpose of a free consultation is to determine whether our firm is a good fit for your legal needs. Although we often discuss expected results and costs, our attorneys do not give legal advice unless and until you choose to retain us. Although most consultations are complimentary, some may carry a charge depending on the type of matter and meeting location.

Leave a Comment With Your Questions

Read more about

DUI, Criminal & Traffic Defense

We offer free, paid & Online CONSULTATION in:

DUI, Criminal & Traffic Defense

Schedule a consultation with our Illinois & Iowa Attorneys

We offer free, paid & online consultation in nearly every area of law throughout Illinois and Iowa. We have a range of options to assist you with your legal needs.

What happens at a legal consultation?
Meet with an attorney for a free consultation to discuss what type of matter you need to discuss with an attorney.
Over the Phone Legal Consultations
Similar to In-person consultations, you discuss your legal needs with our attorneys to discuss your matter.
An online consultation is like an in-person and an over the phone online Consultation. You meet face to face with our attorneys through our online portal.
Paid Legal Consultations
While a free consultation allows us to discuss what we can do in general terms for your legal matter, a paid consultation allows us to answer direct questions.

More Illinois DUI Law Episodes

contact us

Monday to Friday
9am - 5pm

Contact Us
Disclaimer: Our articles and comment responses do not constitute legal advice and are not intended to create an attorney-client relationship.

Please contact us to schedule a free consultation for legal advice specific to your situation.

Here are some articles that may interest you
Schedule a

Contact us for a Free Consultation

Schedule a free consultation

O'Flaherty Law is happy to meet with you by phone or at our office locations in:

Who We Are
We are your community law firm. Our Illinois & Iowa Attorneys are committed to providing exceptional client service in a cost-effective manner in the areas of Family Law, Probate, Estate Planning, Civil Litigation, Guardianship, Criminal Defense, Corporate & Contract Law, Bankruptcy and Real Estate.

Some of Our Accomplishments

Best Child Support Lawyers in Chicago
DuPage County Probate Attorney
Kevin P. O'Flaherty
Rated by Super Lawyers

loading ...
Naperville attorney
DuPage County Probate Attorney

Subscribe to our mailing list

* indicates required