man opening beer in car

Are Sobriety Checkpoints Legal in Illinois?

When you are driving, you may be frustrated to see that traffic is building up. However, as you get closer, you notice that there are police on the road stopping every vehicle that passes by. When it’s your turn, you’re surprised when they ask you if you’ve been drinking. These are sobriety checkpoints, and many make the incorrect assumption that they are illegal. The following blog explores what you must know about these roadblocks and why you need a Peoria DUI lawyer if facing charges.

What Are Sobriety Checkpoints, and Are They Legal?

A sobriety checkpoint is a roadblock established by the police that requires each passing car to stop and speak with the police officer before continuing. Generally, the officer will ask for your registration and ID while trying to determine whether or not you are under the influence. They will look for signs of intoxication, such as slurred speech, bloodshot eyes, and the smell of alcohol.

In some states, like Texas, these are illegal. This is because these states have determined that these constitue unreasonable searches and seizures, which is a violation of the 4th Amendment. However, Illinois is one of many states where this is perfectly legal.

What Should I Do When I Approach One?

If you approach a sobriety checkpoint, it is perfectly legal to make a legal turn to avoid the roadblock. However, if you do anything illegal to avoid speaking with the police, such as crossing a double yellow line to turn or making an illegal U-turn, it will give the police a reason to pull you over.

During the stop, you’re legally required to provide your license and registration to the officers. You do not have to answer any other questions. If asked to leave the vehicle, you must comply with the request. Unless you are under arrest, you legally do not need to take a breathalyzer. However, if you choose not to, you will likely face a license suspension.

What Should I Do if I’m Facing a DUI?

If arrested with a DUI, it’s important to proceed carefully. The first thing you should understand is that you do not have to speak with the police. When you are placed under arrest, the only thing you should tell the police is that you want to speak with an attorney and invoke your right to remain silent.

When facing a DUI, it’s essential to connect with an experienced lawyer from Giraudo Law as soon as possible. Unfortunately, many do not take a first-offense DUI seriously. In Illinois, this is charged as a Class A Misdemeanor. That’s why you should contact a lawyer immediately. At Giraudo Law, our dedicated team understands the complexities of this matter. We will do everything we can to help you achieve the best outcome possible. Contact us today to learn more.

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