In Illinois, DUI checkpoints are a standard enforcement tool used to prevent impaired driving and protect public safety. However, as recent events in Honolulu demonstrate, when the police conducting these operations arrest people without sufficient evidence of misconduct, it may constitute a violation of their constitutional rights. If you were arrested following a DUI checkpoint, it is important to understand your rights and to determine whether the officer had probable cause to make an arrest, and you should speak to an Illinois DUI defense attorney who can help you fight to protect your rights.
The ACLU DUI Case
It is reported that following recent events in Honolulu, the American Civil Liberties Union (ACLU) is preparing a lawsuit against the Honolulu Police Department (HPD). The ACLU alleges that HPD officers engaged in unconstitutional practices at DUI checkpoints, leading to the wrongful arrest of sober drivers. One case involved a man who was stopped at a checkpoint in Waipahu. Although he passed a breathalyzer test with a 0.00 BAC, officers arrested him on suspicion of drug impairment. The ACLU claims officers fabricated reports to justify the arrest and turned off body cameras to conceal their actions.
Allegedly, an investigation revealed that between 2022 and 2023, HPD arrested 69 individuals with negative alcohol tests. The ACLU’s legal director stated the group is not challenging the legality of DUI checkpoints but rather the practice of making arrests without probable cause. These incidents have raised concerns about civil liberties, potential quotas, and misuse of DUI enforcement tools.
Illinois DUI Law and Rights at Checkpoints
In Illinois, DUI checkpoints are legal but must comply with constitutional protections against unreasonable searches and seizures under the Fourth Amendment. Law enforcement officers are required to follow specific guidelines when conducting checkpoints, such as choosing locations with high incidences of impaired driving and using neutral, pre-determined procedures to stop vehicles.
When stopped at a DUI checkpoint, drivers have rights. First, police cannot detain or arrest a driver without reasonable suspicion or probable cause. Observations such as slurred speech, the odor of alcohol, or erratic behavior may give officers grounds for further investigation. Additionally, Illinois is an implied consent state, meaning drivers must submit to chemical testing if suspected of DUI. Refusal can result in an automatic license suspension, but officers must have a valid basis to request testing. Finally, officers must document their observations and any evidence collected during the stop. Falsifying records or turning off body cameras, as alleged in Honolulu, could violate constitutional protections and undermine the validity of the case.
Illinois law imposes penalties for DUI based on the level of impairment and any aggravating factors. However, arrests made without probable cause can be challenged in court. Evidence obtained unlawfully may be excluded, and charges based on such evidence can be dismissed.
Meet with a Skilled Illinois DUI Defense Attorney
If you were arrested at a DUI checkpoint, it is essential to understand your rights and the legal standards governing these operations. A skilled attorney can review your case to determine whether the checkpoint complied with Illinois law and whether the arrest was justified. Theodore J. Harvatin of the Harvatin Law Offices, PC, is a skilled Illinois DUI defense lawyer who can help you build a strong defense. To schedule a confidential consultation, contact Mr. Harvatin at (217) 525-0520 or use the online form.