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Drunk Driving: Real Offense, Real Arrest

Posted on in DUI

drunk driving, Lake County criminal defense attorneyIt is easy to blame things such as entertainment and the media for the way drunk driving is portrayed and at times glamorized in our society. There is no denying that underage drivers in particular often see buzzed driving, which is a form of driving under the influence, as an acceptable thing--something everyone does, therefore it must not be a serious crime.

It Could Happen to You

The real problem is rooted in our perception of the crime, however. It is not uncommon for offenders of all ages and walks of life to view arrests associated with drunk driving as something that happens to everyone else, but not to them. Only when they are pulled over and arrested for the crime themselves do they understand the severity of the offense.

Drunk driving arrests are real, and they can happen to anyone who decides to ignore their better judgement. So, what exactly does a DUI arrest look like? What happens when a person finds themselves in the exact scenario that they were warned about and the consequences become very real, very quickly?

Elements of an Illinois DUI Stop

Here is a rundown of what a typical DUI arrest looks like in Illinois:

  • An officer stops the car based on reasonable suspicion or an actual traffic violation and requests the driver’s license, registration, and proof of insurance;
  • The driver is asked to submit to a field sobriety test if the officer has reasonable suspicion that driver is impaired;
  • If probable cause has been established during the sobriety test, the driver is placed under arrest and escorted to jail, where he or she is required to submit to chemical testing of breath, urine, or blood;
  • If the driver fails or refuses to submit to chemical testing, a statutory summary suspension will apply; and
  • The arrested driver's case is processed, if appropriate, a court date is scheduled at which the driver must appear.

Between the arrest and the scheduled court date, first-time DUI offenders may be eligible for a Monitoring Device Driving Permit, while repeat offenders may receive a Restricted Driving Permit. These permits, issued by the Office of the Illinois Secretary of State, are official limitations placed on the driver’s record and clarifies the individual's legal driving privileges moving forward.

Other Possible Effects

If these consequences alone are not enough to grab your attention, it should be noted that the driver’s vehicle may be towed, impounded, and possibly even seized. In addition, the offender may be required to post bail, and the police have the right to detain the offender until proper bail is posted.

Marijuana and other drugs are treated just as seriously when found in a driver’s system. Whether you are high or drunk, if you are found to be under the influence behind the wheel, law enforcement officers have the authority to treat the circumstance as a legitimate criminal act.

DUI Defense

If you or someone you know has been arrested for drunk driving, contact an experienced Lake County criminal defense attorney for help and guidance today. Call the Law Offices of Matthew R. Gebhardt, P.C., for a free confidential consultation.

Sources:

https://www.cyberdriveillinois.com/publications/pdf_publications/dsd_a118.pdf

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