10THINGS

TO KNOWIf You’ve Been Stopped for DUI

Attorney Greg Martucci of the Martucci Law Office has been successfully representing defendants charged with Driving Under the Influence (DUI) for more than 30 years. He offers the following advice for drivers when the flashing lights suddenly appear in the rear-view mirror after consuming perhaps a few too many drinks.

1. Pull over Promptly and Properly. Once you’ve been signaled by a police officer to pull over, find a safe spot, use your turn signal, move over as soon as possible and activate your flashers. If you continue to drive beyond a reasonable distance, looking for the “perfect spot,” you could be charged with attempting to flee and elude a police officer.

2. Have Your Driver’s License and Insurance Card Ready.

One of the common indicators of intoxication is fumbling for your driver’s license and insurance card, or grabbing the wrong card. Take them out, and have them ready to hand over to the officer. Do not offer your entire wallet or any money.

3. Remain in the Car. Stay in your car and wait for the officer to approach you. Keep your hands in plain view, don’t bend down and don’t make any furtive or sudden movements. Sit tight while the officer runs your driving record, your license plate and checks for any warrants. This way, you will also avoid displaying any difficulty walking, maintaining balance, stumbling or falling, which could be signs of intoxication.

4. Be Respectful. It doesn’t hurt to say “Yes, Sir” or “No, Ma’am.” This is not the time to cop an attitude, use profanity or be combative with the officer. Nor is it the time to impress the officer with your mastery of your constitutional rights, or name

the important people you know. To act disrespectfully may incite aggression by the officer, which could escalate the situation and lead to injuries and additional charges.

5. Submit to Authority. The officer is in charge on the street. Obey his or her instructions. Disobedience can prompt charges of disobeying a police officer or resisting arrest. If the officer’s conduct was improper, your lawyer can file appropriate motions in court and errors can be corrected by the judge. Evidence may be suppressed or charges dismissed in the absence of probable cause.

6. Don’t Volunteer Information. Once you’ve been stopped on suspicion of DUI, the officer is making constant observations about your appearance and manner – whether you have bloodshot, glassy eyes; whether your body or vehicle is emitting a strong odor of alcohol or cannabis; whether you have slurred speech and whether you have admitted drinking alcoholic beverages. It is best to minimize conversation, limiting your answers to yes and no, or I don’t recall. Keep in mind, also, that the encounter with the officer is often being recorded on a squad car or body camera, and the recording may become evidence in court.

7. Consider Declining Field Sobriety Tests.

To bolster the officer’s suspicion of DUI, he or she will request that you submit to Field Sobriety Tests – usually a Horizontal Gaze Nystagmus test to measure the involuntary vibration of your eyeball while following a finger or pen; the Walk and Turn Test, which requires walking nine steps heel to toe and then pivoting and returning nine steps; and the One Leg Stand, raising one leg for 30 seconds while counting “one-1000, two-1000,” etc. up to 30. If you are unable to perform these tests, the officer will have strong evidence to support his or her suspicion of intoxication, although proof of injury or disability may be offered as a defense.

8. Consider Declining BAC Testing. If the officer suspects that you have been driving or in actual physical control of a motor vehicle while under the influence of alcohol or drugs, or combination thereof, you will be asked to submit to Blood Alcohol Content (BAC) testing. The officer may request a Preliminary Breath Screening Test

Professional. Competent. Compassionate.

10 Things to Know If You’ve Been Stopped

for DUI

630.980.8333 • martuccilaw.com

Professional. Competent. Compassionate.

Contents © Copyright 2017 Gregory J. Martucci. All Rights Reserved.

Gregory J. Martucci, a licensed attorney since 1983, is a member of the Illinois Bar, the Federal Bar in the Northern District of Illinois and the United States Supreme Court Bar. He is also a member of the Illinois State Bar Association, the DuPage County Bar Association and the Northwest Suburban Bar Association.

203 E. Irving Park Road, Roselle, IL 60172630.980.8333 • martuccilaw.com

Over 30 Years of Experience You Can Trust

on the street, which can be refused. The officer may later request a breathalyzer at the police station, or blood or urine test, usually at a hospital. These may also be refused, unless a judge has signed a Search Warrant. However, the consequence of refusal is that your driving privileges can be suspended for twice or triple the suspension period imposed for submitting and failing the chemical test. The consequence of submitting to a BAC and getting a result of .08 or higher is that you have provided very strong evidence of guilt, which makes the DUI charge harder to defend.

9. DUI Can be Charged in Alternative Forms

In Illinois, you can be charged with Driving Under the Influence of alcohol and, at the same time, charged with Driving with a BAC of 0.08 or more. If you refuse BAC testing and there is no resulting test, you can still be charged with DUI, and the evidence would consist of the officer’s observations of improper driving – possibly speeding, driving too slow, tail gaiting, weaving within or between lane, bloodshot and glassy eyes, strong odor of alcohol, slurred speech, inappropriate demeanor, messy clothes, wet pants, admissions of drinking, poor performance on the field sobriety tests and other signs of intoxication or impairment.

10. The Penalties for DUI in Illinois are Severe.

A first offense is a misdemeanor that carries a minimum sentence of court supervision, fines & court costs, alcohol or substance abuse counseling, and a maximum fine of $2,500 and up to one-year in jail, and possible suspension of driving privileges. A second offense includes a mandatory conviction, mandatory jail, and revocation of driving privileges. A third offense is a felony, punishable by up to 7 years in prison and a fine up to $25,000. The penalties continue to increase with each subsequent violation with a sixth offense punishable by up to 30 years in prison. The penalties are even greater when a child is in the vehicle, an accident occurs resulting in injuries or death, or the person is driving on a suspended or revoked license.

We recommend that if you are going to consume alcohol, that you monitor your intake and drink responsibly. If you’ve had too much to drink, do not drive! Arrange in advance for a designated driver, call a friend, call a taxi or rideshare – it’s not worth the risk.

If you’ve been arrested for DUI, you need an experienced attorney who knows the details of DUI laws. Attorney Greg Martucci of the Martucci Law Office is a very good attorney who knows the DUI laws, and will use his more than 30 years’ experience to help you confidently face these serious charges. In some cases, he may find a technical defense to defeat the DUI charge. In others, the evidence may be insufficient and justify contesting the charges in a bench or jury trial. Where the evidence of guilt is strong, however, the best outcome may require a skillfully negotiated plea agreement.

Call the Martucci Law Office at 630-980-8333 today to schedule your FREE initial office consultation and learn how we can help you.