If you are stopped for DUI

When questioned by a police officer, do not make any statements which could incriminate you. Police officers are skilled in asking questions. You are not skilled in answering an officer’s questions. Do not provide a statement which you feel is harmless, such as: “Officer, Smith, I had only one beer.” Until the officer arrests you, the officer has no obligation to advise you of your rights under Miranda, and any statement you make can be used against you. This statement informs the officer that you had consumed alcohol, and may prompt the officer to ask you to perform field sobriety tests and to submit to a breathalyzer test. This statement, also, could be used against you in Court. Only provide information concerning your name, address and any information contained on your driver’s license. Simply inform the police officer that you respectfully decline to provide any statements. Exercise your right to remain silent.

Respect the police officer’s authority, and conduct yourself in a respectful manner toward the officer. Police officers, like you, will not respond favorably to disrespect.

Politely and respectfully refuse the one leg stand and walking heel-to-toe in a straight line field sobriety tests. These tests are very difficult to satisfactorily complete whether or not you have been consuming alcohol.  The officer, who will demonstrate the tests first and make the tests seem easy, has practiced these exercises many times as part of his job.  Do not take the test that requires you, without moving your head, to track the officer's finger or pen from side to side with your eyes (Horizontal Gaze Nystagmus or HGN). Politely refuse to take the on-the-scene portable breath test.  The results of these tests can be used against you in Court.

Politely and respectfully refuse to undergo breath or chemical testing, unless you are sure you will test less than .08.  The legal limit for a DUI based on drugs is the presence of any narcotic substance.  A breathalyzer result under the legal limit of .08 does not mean you will avoid a DUI charge.  If you refuse breath or chemical testing, more severe license suspension penalties will be imposed. If you are under 21 years of age, a breathalyzer reading under .08 will result in a Zero Tolerance citation.

Experience counts.  Results matter.

FRANKS & RECHENBERG, P.C.
1301 Pyott Road, Suite 200
Lake in the Hills, IL 60156
Phone: 847-854-7700
Fax: 847-854-7848

DISCLAIMER: This site contains general information that is intended, but not guaranteed, to be correct, complete and up-to-date. It is not intended to be a source of legal advice. You should not rely on the information in this site and should always seek the advice of a competent lawyer.

Franks & Rechenberg, P.C. handles McHenry County DUI (Driving Under the Influence) charges. Cities, towns and villages in McHenry County include: Algonquin, Barrington, Bull Valley, Cary, Crystal Lake, Fox Lake, Fox River Grove, Harvard, Hebron, Holiday Hills, Huntley, Island Lake, Johnsburg, Lake in the Hills, Lakemoor, Lakewood, Marengo, McCullom Lake, McHenry, Oakwood Hills, Port Barrington, Prairie Grove, Richmond, Spring Grove, Union, Wonder Lake and Woodstock. If you were arrested for Driving Under the Influence (DUI) in McHenry County call Franks & Rechenberg, P.C.

Franks & Rechenberg, P.C. handles DeKalb County DUI (Driving Under the Influence) charges. Cities, towns and villages in DeKalb County include: Charter Grove, Clare, Colvin Park, Cortland, DeKalb, Elva, Esmond, Fairdale, Five Points, Genoa, Hinckley, Kingston, Kirkland, Malta, McGirr, New Lebanon, Rollo, Sandwich, Shabbona, Somonauk, Sycamore, Waterman and Wilkinson. If you were arrested for Driving Under the Influence (DUI) in DeKalb County call Franks & Rechenberg, P.C.