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HOW TO HANDLE A DUI ON THE STREET
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First and most importantly always be
respectful to police officers. They will attempt to use attitude,
yours or theirs, to open your mouth and get you to make statements which can
be used against you to prove DUI in court. That's their JOB, and they
are skilled! Under Illinois law, until you are arrested, anything you
say is fair game, and they don't need to warn you of your right to remain
silent until that point to use those statements! You also need to
remember that underneath their professional demeanor, police officers are
people who respond to disrespect the same way you or I do, and on the
street, they have all the power you give them. Let your lawyer do the
fighting - that's what an attorney is for!
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Second, do not make any statements
beyond information that can be found on your driver license! Memorize
- "I respectfully decline to make any statements." Nothing
will get you arrested faster than saying "Gee officer, I'm just way too
drunk to drive!" Again, let your lawyer do the talking later.
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Third, all street side field sobriety
tests, including the test where you follow the officer's finger or pen from
side to side with your eyes, as well as the portable breath test on the
street, should be politely refused. This information can
be used against you in court in Illinois either to prevent your attorney
from addressing your suspended license, or to assist in prosecution of your
DUI case.
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Fourth, in general, breath or
chemical testing should be refused unless you are absolutely certain you
will test under the legal limit. The legal limit in Illinois for
alcohol is .08, and the legal limit for drug based DUI is the presence of
any narcotic substance. Blowing under the legal limit does not mean
you will not be arrested and charged for DUI. Although refusing breath or chemical testing
will subject you to significantly more severe license suspension penalties,
if you follow all four of these rules, we have a much better chance
of getting your license back altogether, as well as winning the DUI case
itself. Also, a positive test above the threshold will result in
additional DUI charges. If you are under twenty-one, any positive
result will result in a suspended license, but so will a refusal.
For more information, contact us for a free consultation to
discuss DUI law in Illinois.
Fagan,
Fagan & Davis
Attorneys
at Law
960
Rand Road, Suite 210
Des
Plaines, IL 60016
ph.
847-635-8200
fax
847-635-7257
Contact@MyAttorneysOnline.com
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Information provided on this and all pages of our website is current and
accurate on the date written. For up to date information, only live advice
obtained from a qualified attorney should be relied upon.
Steven H. Fagan, Copyright© 2003 - 2006
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