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What Is The DUI Arrest Process in Illinois?


The DUI arrest process generally begins with a traffic stop. If an officer observes you violating a traffic offense or displaying driving behavior that suggests you are operating the vehicle while under the influence of drugs or alcohol, they will pull you over. During the stop, the officer will ask you questions, paying attention to your responses and movements to determine if you are intoxicated. Typically, the officer will check to see if your eyes are bloodshot, your speech is slurred, or you smell of drugs and/or alcohol.

Field Sobriety Testing

If the officer suspects you are under the influence, they may ask you to step out of the vehicle to submit to field sobriety testing. Generally, this begins with a mental and physical test that may require you to stand on one leg or say the alphabet backward. The officer may also request that you take a breath test, which is administered with a portable device.

Generally, the officer administers these tests to help build a case against you. You are not required to submit to them, and you can politely refuse the officer’s requests. However, doing so may give the officer even greater reason to suspect that you are drunk or high and arrest you as a result. Yet, because they pulled you over and asked you to submit to testing, it is very likely they will arrest you whether or not you taking the test.

Chemical Testing

After the officer arrests you, they will take you to the police station where you will be required to submit to a chemical blood, breath, or urine test. Technically, you can refuse this test, but doing so will result in suspension of your driver’s license for 6 months to 1 year. You are also subject to having your driving privileges suspended if you take a chemical test and your blood alcohol content is .08, or higher or the THC level in your blood is 5 nanograms or greater. If you take the chemical test and your BAC level or THC level is below those amounts, your license will not be suspended, but you will still face a DUI charge.

Jail and Bond

You will then be booked and may be held in jail until bond is posted. You will be given a date to appear in court for an arraignment.

Reach Out to the Law Office of Steven Fine for a Free Consultation

If you were arrested for DUI, it is crucial to have an experienced attorney fight to protect your rights. Our lawyer has a unique understanding of both sides of the courtroom and will leverage his knowledge to build a legal defense specifically tailored for your case.

For aggressive legal defense, call us at (312) 436-0638 or contact us online.