Understanding DUI Arrests

When a person is arrested for DUI in Chicago, Illinois, he or she may face a specific procedure before actually being taken into custody. Knowing what to expect and how to act can help ensure any encounter with law enforcement goes as smoothly as possible and does not have a negative impact on any criminal charges you may face. Following is a basic outline of how a DUI arrest may proceed:

  • Initial Police Stop - the officer will typically pull a driver over for suspected DUI if he or she observes any driving behavior that may indicate intoxication: swerving, speeding, driving too slowly, etc.
  • Police Officer Observations - after pulling a driver over, the officer will typically ask to see a driver's license and registration information. At this time, the officer will also look for outward signs of intoxication, such as bloodshot eyes, the smell of alcohol, or slurred speech.
  • Field Sobriety Tests - depending on what the officer observes, he or she may ask the driver to step out of the vehicle to perform one or more field sobriety tests. These tests are used to determine whether a driver's normal physical and mental abilities are impaired due to alcohol.

How should I behave if arrested?

Depending on the driver's performance on field sobriety tests, the officer's observations, and anything the driver says or does during the police stop, the officer may make an arrest for DUI. In these situations, it is of the utmost importance that you remain calm and polite in dealing with the officer. You do not want to give him or her an excuse to make an arrest or to seek additional criminal charges, such as resisting arrest. However, you should also remember that you do not need to answer questions about where you've been, how much you've had to drink, etc. By politely declining to answer these questions, you may be able to help ensure that law enforcement has less evidence against you. It is also important to involve a lawyer as soon as possible. Call Fagan, Fagan & Davis to discuss your arrest and learn how a Chicago DUI attorney can help you can fight your drunk driving charges!

Where do we appear in court?

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Our Des Plaines location is strategically located minutes from I-294, Edens expressway and I-355. We regularly appear for Illinois Criminal defense, DUI defense and Traffic violations throughout Cook, Lake and DuPage county courts, including all of Chicago, Skokie, Rolling Meadows, Bridgeview, Markham, Maywood, Waukegan, Wheaton and more.

The information on this website is general information only. Nothing on this site should be taken as legal advice for any individual case or situation. Receipt or viewing of this information is not intended to, and does not, create an attorney-client relationship. Fagan, Fagan & Davis is a partnership of professional corporations, including Joseph M. Fagan, PC, Alan T. Davis, PC, Jeffrey A. Fagan, PC, and Steven H. Fagan, PC.

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