Many Illinois DUI cases are thrown out of court because the initial stop for DUI was not warranted. You need an Illinois DUI lawyer who knows how to win DUI cases. Call us today at (312) 466-9466 to speak with a Chicago DUI lawyer.
Most DUI arrests start out as traffic stops or minor accidents. Traffic violation, no matter how minor, will justify the police pulling over a motorist. In fact, when police stop a motorist for a traffic violation, they are often making an investigatory stop, which does not require probable cause. Delaware v. Prouse, 440 U.S. 648, 59 L.Ed.2d 660, 99 S.Ct. 1391 (1979).
Investigatory stops must still be for a proper purpose. Illinois courts have held stops improper when they have been based on speculation, a mistaken understanding of the law by the officer, or if the officer operated his squad car in a manner that causes the driver to violate a traffic law.
The police do need probable cause before they can make an arrest for DUI. Probable cause exists if an officer is aware of facts which would cause a reasonable person to conclude that the driver has committed an offense. In most instances the police will say that their observations after the traffic stop led them to suspect that the driver was driving drunk.
Some of the typical claims include that the motorist had bloodshot or glassy eyes, slurred or mumbled speech, a strong odor of alcohol, slovenly or unkempt appearance, swaying or staggering, admitting to drinking, fumbling with his wallet when they produce a driver's license, or failing to follow instructions. Police may attempt to make this happen by asking a driver to perform several tasks at once, such as producing a license and insurance while getting out of the vehicle and answering questions.