Illinois DUI Lawyer Blawg
In Illinois, DUI charges that arise from traffic stops often raise legal questions about the validity of the initial stop, the evidence gathered, and the procedures followed by law enforcement. A recent incident in Connecticut highlights these issues, as a 19-year-old driver was arrested for DUI after police allegedly detected marijuana and alcohol in her vehicle. If you are facing DUI charges in Illinois, understanding your rights regarding traffic stops and searches is crucial and you should consult with an experienced Illinois DUI defense attorney to help you build a strong defense.
Details of the Connecticut DUI Arrest
It is reported that law enforcement officers in Montville, Connecticut, conducted a traffic stop on a vehicle traveling on Interstate 395 after it allegedly passed a police cruiser on the right. Upon approaching the vehicle, officers reportedly detected a strong odor of marijuana and observed a cloud of smoke emerging from the window as the driver rolled it down. Based on these observations, officers asked the driver to exit the vehicle for further questioning.
It is alleged that the driver, a 19-year-old woman, admitted to having recently used marijuana. She reportedly failed a field sobriety test administered by police. After a search of the vehicle, officers discovered both marijuana and alcohol inside. Additionally, the driver allegedly did not have a valid driver’s license.
It is reported that the driver was charged with multiple offenses, including DUI, illegal passing on the right, operating a vehicle without a license, possession of marijuana by a minor, and possession of alcohol by a minor. She was released on a $1,000 bond and is scheduled to appear in court in February.
Traffic Stops and DUI Investigations in Illinois
Under Illinois law, police officers must have a reasonable suspicion that a traffic violation or criminal offense has occurred before stopping a vehicle. This means that minor infractions, such as improper lane changes, speeding, or equipment violations (such as a broken taillight), can serve as justification for a traffic stop. However, stops that are conducted without reasonable suspicion may be deemed unlawful, and any evidence gathered during the stop may be suppressed in court.
Once a vehicle is stopped, officers must establish probable cause to make a DUI arrest. In Illinois, probable cause for DUI can be based on observations of the driver’s behavior, such as slurred speech, bloodshot eyes, or difficulty following instructions. It can also be based on performance in standardized field sobriety tests, the odor of alcohol or marijuana coming from the driver or vehicle, and admissions by the driver, such as stating they consumed alcohol or drugs before driving.
Illinois law allows officers to conduct searches of vehicles without a warrant under the automobile exception, meaning that if police develop probable cause—such as smelling marijuana or observing illegal substances in plain view—they may search the vehicle without obtaining prior judicial approval.
DUI arrests that stem from unlawful traffic stops, improper searches, or insufficient evidence of impairment can be challenged in court. Defendants may argue that the initial stop was unlawful if the police lacked reasonable suspicion to stop the vehicle, which could result in all evidence obtained after the stop being excluded. Field sobriety tests may also be challenged if officers failed to follow proper procedures, calling into question the reliability of the results. Additionally, marijuana impairment is not as easily measurable as alcohol impairment, meaning test results alone may not be enough to secure a conviction.
Consult an Experienced Illinois DUI Attorney
A DUI charge can have serious legal and financial consequences, including license suspension, fines, and possible jail time. If you have been arrested for DUI in Illinois, it is essential to understand your rights and you should talk to an attorney. Theodore J. Harvatin of the Harvatin Law Offices, PC, is an experienced Illinois DUI defense attorney who will advocate zealously on your behalf. You can reach Mr. Harvatin at (217) 525-0520 to arrange a confidential meeting or use the online contact form.