An individual who is pulled over and arrested for driving under the influence, also known as a DUI, could face stiff criminal and administrative penalties. The circumstances surrounding the case will also determine if the individual will be sentenced to jail. A conviction of a DUI is a Class A misdemeanor, which can cause a driver to lose their driving privileges for a minimum of one year.
How Can an Attorney Help a Driver That’s Been Arrested?
An attorney can immediately begin protecting a driver’s rights against a DUI charge. A DUI attorney near DeKalb, IL should be contacted as soon as a driver is arrested, so they can immediately begin building a defense against the charges. The attorney can begin investigating if the police had probable cause to pull the accused over and if the arrest was legally performed.
Administrative Action
If an individual fails a chemical test or refuses to complete the test, a driver’s license will be automatically suspended. There is a mandatory three-month suspension for failing the test, and a six-month suspension if a driver refuses to take the test. For an individual who holds a commercial driver’s license, a first offense will result in a 36-month suspension.
If an Individual Is Pulled Over by the Police
When a driver is pulled over by the police, they will not be read their Miranda rights until they are arrested. A driver should say as little as possible to the police and should never admit to how many alcoholic beverages they might have consumed. If the officer wants to conduct field sobriety tests, a driver should always be courteous.
Reasons an Officer Uses to Pull a Driver Over
There are traps the police will use when they pull a driver over. An example of a trap the police will use is telling a driver they were stopped because they were swerving over the lines on the road. This may not be the case and is only a reason to pull an individual over and not because they are actually driving erratically.
An experienced DUI attorney near DeKalb, IL will look for any holes in a case in order to get the case dismissed or the charges reduced. The Cosentino Law Firm LLC has years of experience representing clients in DUI cases. For the best outcome of your case, contact them today.
