If you’ve never been stopped by the Chicago Police Department for driving under the influence in Chicago, you are probably blissfully unaware of what follows a DUI arrest. You have almost certainly heard of breath and blood alcohol tests and field sobriety tests, but the laws surrounding their application can be confusing. What’s important to know is that you have rights throughout this process, and officers are required to follow very specific rules and procedures.
If you think that the police violated your rights during a DUI arrest in Chicago, contact a Chicago DUI defense attorney from Fabbrini Law Group, LLC, to discuss your case. During our decades of practice, we have learned that law enforcement officers don’t always appreciate a person’s rights during the arrest process. We will analyze the incident and craft the strongest possible defense for your case.
Getting Stopped for Driving Under the Influence
If an officer suspects you are intoxicated, they can pull your vehicle over. In order to do so, however, they must have probable cause. In other words, the officer must have a valid reason, like seeing you swerve, speed, or drive in a way that suggests you’re impaired. Probable cause is based on the officer’s experience and training, not on personal bias. This means your vehicle cannot lawfully be pulled over because of your age, gender, race, or any other personal characteristic; there must be a straightforward, lawful reason for the stop.
After he pulls you over, the officer will ask you questions about where you have been, what you’ve been up to, if you’ve had anything to drink, and where you are going. Until you’ve conferred with a Chicago DUI defense attorney, you should refrain from answering any unnecessary questions, and leep calm.
If, based on your appearance and/or actions, the officer thinks you have been drinking, you will likely be asked to participate in a field sobriety test. You may also be asked to take a urine, breath, or blood test.
Being Arrested for Driving Under the Influence
If the officer has good reason to think you are under the influence and you failed your field sobriety test, you could be arrested. Never try to evade arrest, as this will only make your situation much worse. Instead, you should cooperate, be polite, and do not answer any questions unless your attorney has advised you to do so. If the officer uses excessive force for no reason or fails to read you your rights, report the situation and tell your lawyer.
After you have been arrested, you will be booked at the local police station. There, the officer will take down your personal details, enter information about the incident, and conduct a background check. After that, you will be photographed, fingerprinted, and searched. After your personal property has been confiscated, you’ll be placed in a holding cell while you sober up.
Will I Get Bail After DUI Arrest in Chicago?
After you are booked, you may be released on bail. This means you will be released from jail on the condition that you return to court for your hearings and trial. You’ll need to pay a set amount based on the bail schedule, but the exact amount can change depending on your situation. For example, if you have a criminal record or past drunk driving offenses, your bail could be higher.
If you, your family, or your friends cannot afford to post your bail, you can post a bond. A bond guarantees you will show up in court as promised. You can get a bond through a bail bond agency. They usually charge about 10% of your total bail.
Arrest Hearing, and Trial
The next phase of a DUI arrest in Chicago is the preliminary hearing, which your attorney should attend. A judge will examine the evidence agaist you and determine whether or not it is sufficient to charge you with driving under the influence. If so, a trial will then be scheduled. During the trial, the prosecution and your attorney will present evidence to the jury or judge, and they will rule on your case.
If you are found guilty of driving under the influence, you will receive your sentencing. This can involve varying forms of punishment, such as community service, probation, fines, and incarceration. If you disagree with the court’s findings, you may be able to file an appeal.
Get Legal Help From a Chicago DUI Defense Attorney
Although Chicago police officers are no strangers to making DUI arrests, mistakes are, sometimes, made in the process. In their zeal to make an arrest, it’s not uncommon for officers to overlook important steps or violate your rights. In these instances, a skilled Chicago DUI defense Attorney might be able to get specific evidence thrown out or get your charges dismissed altogether.
If you are facing drunk driving charges, contact Fabbrini Law Group, LLC. We can ensure that the DUI arrest process was correctly followed. If we discover that the arresting officer failed to follow departmental procedures, we can help you get the charges against you reduced or even dropped. To schedule your consultation, call us at (312) 494-3131 or fill out the contact form on our website.