What Should I Do if I Am Arrested for DUI During the Holidays?

 Posted on December 06, 2023 in Uncategorized

The holiday season is a time of joy and celebration. However, it can quickly turn into a nightmare if you find yourself arrested for driving under the influence (DUI). The consequences of a DUI arrest can be severe, including license suspension, fines, and even jail time. If you ever find yourself in this unfortunate situation, it is crucial to know what steps to take to protect your rights and mitigate the potential damage to your personal and professional life. An experienced attorney can provide the legal help you need in these situations, and they will advise you to:

1. Stay Calm

Being pulled over and questioned by police, asked to take roadside sobriety tests, and arrested on suspicion of driving under the influence can be an overwhelming experience that can create a great deal of anxiety and confusion. It is important to remain as calm as possible throughout the process. Avoid arguing with police officers or resisting arrest, as this may worsen your legal situation.

2. Cooperate With Law Enforcement

When interacting with police officers, you should be polite and provide any required information, cooperating with their requests while also avoiding any incriminating words or behaviors. Being cooperative does not mean admitting guilt. You can answer basic questions and provide requested documents such as your driver's license, vehicle registration, and proof of insurance when asked by the officer.

3. Invoke Your Right to Remain Silent

An arresting officer will likely ask questions about where you were coming from or whether you have consumed alcohol or drugs before driving. You have the right to remain silent and refuse to answer any questions other than those related to basic identifying information such as your name. You can politely decline to answer any questions that could be used to obtain details that provide an officer with reasonable suspicion that you were driving under the influence and probable cause to arrest you for DUI.

4. Understand Illinois' Implied Consent Laws

Illinois, like most states, has implied consent laws that require drivers to submit to breath or blood tests if arrested for DUI. However, these laws apply to tests performed at a police station after you are arrested. You have the right to decline to take a roadside breathalyzer test or field sobriety tests. However, if you refuse to participate in chemical testing after being arrested, your driver’s license will be automatically suspended.

5. Know the Consequences of a DUI Arrest

A DUI conviction during the holidays can lead to multiple types of severe penalties. A first-time DUI is a Class A misdemeanor, and you could potentially be sentenced to up to one year in jail. You may also be required to pay thousands of dollars in fines and other court costs, and your driver’s license will be revoked. Because these penalties can be severe, you will need to determine what steps you can take to minimize their impact on your life.

6. Understand Your Defense Options

An experienced DUI defense attorney can help you explore various defense strategies for defending against a conviction. Possible defenses may include challenging the accuracy of field sobriety tests or breathalyzer results or questioning the legality of the traffic stop or arrest due to lack of probable cause.

7. Work Toward License Reinstatement

If your driver’s license is suspended because you failed or refused a chemical blood alcohol test following a DUI arrest, or if your license is revoked following a DUI conviction, you will need to understand the steps you can take to regain your driving privileges. Depending on the specifics of your case, you may have multiple options for driver’s license reinstatement, including receiving a temporary permit or restricted driving permit that will require you to use an ignition interlock device in any vehicles you drive. Your lawyer can advise you of the steps you will need to take to regain your license, any requirements you will need to meet related to alcohol treatment, and the limitations that may apply until your license is fully reinstated.

Contact Our Joliet DUI Defense Attorney

If you have been arrested for DUI during this holiday season, you will need to act quickly to determine how to defend against a conviction and protect your driver’s license. At the Law Offices of Jack L. Zaremba, P.C., our Will County DUI defense lawyer understands how stressful and overwhelming a DUI charge can be, and he is ready to provide you with the legal representation you need to resolve your case effectively. Contact us at 815-740-4025 to set up a free consultation today.

Sources:

https://www.ilsos.gov/publications/pdf_publications/dsd_a118.pdf

https://www.nhtsa.gov/risky-driving/drunk-driving