As DUI defense attorneys serving clients throughout Chicago and the surrounding areas, we know that one of the most critical aspects of a DUI case is the initial traffic stop. The legality of the stop can have a major impact on the entire case. If the police did not have a valid reason to pull you over, any evidence they gathered afterward—including breath tests, field sobriety tests, or even admissions you made—could be thrown out. Protecting your constitutional rights starts with examining the stop itself.
Under Illinois law, particularly the Fourth Amendment of the U.S. Constitution and Article I, Section 6 of the Illinois Constitution, every person has the right to be free from unreasonable searches and seizures. This protection extends to traffic stops. Law enforcement officers must have at least reasonable suspicion that a law has been broken before pulling a vehicle over. Without this, the stop may be deemed illegal, and the prosecution’s case can fall apart.
Challenging the legality of a DUI stop involves a detailed review of the facts. We examine police reports, dashcam footage, and officer testimony. If the officer cannot justify the stop under Illinois standards or if the reason for the stop was manufactured after the fact, we can file a motion to suppress evidence. A successful motion can lead to reduced charges—or even a dismissal.
Understanding Reasonable Suspicion And Probable Cause
In Illinois, police must have a specific, articulable reason to initiate a DUI stop. Examples include:
- Weaving between lanes.
- Driving significantly under or over the speed limit.
- Running a red light or stop sign.
- Equipment violations like a broken taillight.
- Driving without headlights at night.
If the officer did not witness a traffic violation or could not otherwise articulate reasonable suspicion, the stop may be unlawful.
Once a driver is stopped, the officer must develop probable cause to arrest for DUI under 625 ILCS 5/11-501. This could be based on observations like the smell of alcohol, slurred speech, bloodshot eyes, or failed field sobriety tests. However, without a legal basis for the initial stop, any probable cause built afterward becomes irrelevant.
How We Fight Back For You
When we challenge a DUI stop, we prepare carefully and argue aggressively. We file motions to suppress and demand hearings where officers must testify under oath. If they cannot clearly and lawfully justify the stop, the judge can exclude all evidence gathered as a result of the illegal stop. Many times, this leaves the prosecution with no case left to pursue.
Our goal is to protect your rights, your record, and your future. A DUI conviction can lead to severe penalties under Illinois law, including fines, jail time, license suspension, and permanent criminal records. That is why challenging the stop is often one of the strongest defenses available.
DUI Frequently Asked Questions
What Does Reasonable Suspicion Mean In A DUI Case?
Reasonable suspicion means the officer must have specific and articulable facts suggesting that a crime or traffic violation has occurred. It cannot be based on a hunch or vague feeling. The officer must be able to explain the reason for pulling the vehicle over in clear and objective terms.
Can A DUI Be Dismissed If The Stop Was Illegal?
Yes. If the court finds that the initial traffic stop violated the Fourth Amendment or Illinois constitutional protections, all evidence obtained after the stop may be suppressed. Without key evidence like breath test results or field sobriety observations, the prosecutor may have no choice but to dismiss the DUI charges.
Do I Have To Take Field Sobriety Tests In Illinois?
No, Illinois law does not require drivers to submit to field sobriety tests such as the walk-and-turn or one-leg stand. These tests are voluntary. Refusing them may limit the amount of evidence available against you if you are later charged with DUI.
What Is Probable Cause For A DUI Arrest?
Probable cause exists when the officer has enough facts and circumstances to believe a crime has been committed. In a DUI case, this could be based on the driver’s behavior, physical signs of intoxication, admissions of drinking, and performance on field sobriety tests. However, if the initial stop was illegal, even probable cause developed afterward may not save the case.
What Happens At A Motion To Suppress Hearing?
At a motion to suppress hearing, the defense challenges the legality of the stop and the subsequent arrest. The prosecution must prove that the officer had a valid legal basis for the stop. If the judge finds the stop unlawful, the judge may rule that the evidence cannot be used, which often results in the dismissal of the DUI charges.
How Can An Attorney Help Challenge A DUI Stop?
An attorney can review all the evidence, identify constitutional violations, file the proper motions, and argue effectively in court. Challenging a DUI stop requires a thorough understanding of both constitutional law and Illinois DUI statutes, and experienced attorneys know how to build the strongest defense.
Can A Broken Taillight Justify A DUI Stop In Illinois?
Yes, a broken taillight or other equipment violations can give an officer reasonable suspicion to initiate a traffic stop. Once the stop is made, if the officer observes additional signs of impairment, they may then begin a DUI investigation.
How Long Does It Take To Resolve A DUI Case Involving An Illegal Stop?
Every case is different. Some motions to suppress are decided quickly after a hearing, leading to fast dismissals. Other cases may take longer if the prosecution fights the motion or if multiple hearings are needed. Having an attorney who is aggressive and detail-oriented can help speed up the process.
Contact Our Chicago DUI Attorney For A Free Consultation
At Edward Johnson & Associates, we know how critical it is to challenge every aspect of a DUI charge—starting with the legality of the stop. If you are facing DUI charges, do not wait to protect yourself. We are ready to stand by your side and fight for your rights every step of the way.
Contact our Chicago DUI attorney at Edward Johnson & Associates P.C. by calling 708-762-8666 to receive your free consultation. Our law office is located in Chicago, Illinois, and we proudly represent clients throughout the entire Chicagoland metro.