DUI Checkpoints in Illinois

 

In the state of Illinois, a DUI checkpoint is a predetermined location where law enforcement officers set up a roadblock so they can stop vehicles to check to try to find drivers who are operating their vehicles under the influence of drugs or alcohol. The belief is that these checkpoints will deter citizens from driving while intoxicated by making them think there is a higher risk of getting caught and arrested.

 

Late at night and early in the morning are when most DUI checkpoints are set up, since those are the times when the highest rate of drinking has been shown to occur. Holidays, weekends, and other times of increased celebration are also occasions when you can expect to see Illinois DUI checkpoints.

 

Are DUI Checkpoints Constitutional?

 

The U.S. Supreme Court ruled 5 to 4 that DUI checkpoints are in fact constitutional in the 1990 Michigan v. Sitz case. It was decided by the Justices that these checkpoints did not infringe upon our Fourth Amendment rights to protect against an illegal search and seizure because the sole purpose of DUI checkpoints was to serve the public interest by lowering the number of drunk drivers on the road.

 

However, as the checkpoints are currently being used, many legal experts argue with this idea of a “sole purpose.” If the “sole purpose” of a checkpoint is to detect and arrest people for DUI, then why are so many unrelated citations handed out? It’s common practice at these checkpoints to fine people for any number of violations, including things like tinted windows, defective tail lights, out-of-date registrations, and expired driver’s licenses. The reason for these citations, of course, is that local governments profit off of the fees attached to them. Further evidence for this is that traditional roaming patrols have long been shown to be more effective at arresting people for DUI than DUI checkpoints.

 

What to Do If You Are Stopped

 

If you are selected to be stopped at an Illinois DUI checkpoint, treat it the same as you would any police encounter in your vehicle:

 

1. Come to a full stop.

2. Lower your window to speak with the officer.

3. Have your license and registration ready.

4. Remain calm and polite.

5. Keep your hands visible at all times.

6. Avoid making sudden movements that could provoke him or her.

7. Remember that anything you say can and will be used against you.

 

The last one is probably the most important. Officers at these checkpoints are trained to try to get you to talk about where you’ve been and admit to drinking, but beyond giving them your license and registration, you are not legally required to tell them anything – so don’t! If they press you, politely tell them that you will need to contact a lawyer if they’re going to keep asking questions.

 

You might be asked to take a field sobriety test if the officer thinks you are intoxicated. Again, politely refuse. No laws require you to take this test, and Illinois DUI lawyers will tell you that it’s a bad idea because the test is set up for you to fail, and will only increase the likelihood of you getting a DUI. Refusing to take this test limits the evidence they have against you.

If You Are Arrested at a Illinois DUI Checkpoint After your arrest, you will be taken to the local police station. As soon as you arrive, say that you want to speak to an attorney and don’t answer any more questions. Most likely, you will be asked to take a BAC test at the station. There are a variety of machines they could test you on – some involve taking your blood, but others are just breath tests. Keep in mind that failing a BAC test isn’t the end of the world. It won’t mean that you automatically are convicted of a DUI. BAC testing machines give false readings all the time, for everything from improper usage of the test to differences in your body physiology to the machine itself being calibrated incorrectly. Experienced Illinois DUI lawyers know this, which is why you want one on your side as early in the process as possible. If you want to learn more about the options you have to fight your Illinois DUI, contact a qualified Illinois DUI lawyer today.