What happens in an arrest for suspected DUI?
The Illinois Secretary of State 2013 DUI Fact Book, available online at bit.ly/DUI2013, lays out the following steps:
— An officer stops a vehicle at a roadside safety check or for probable cause, reasonable suspicion or unusual operation.
— The officer observes the driver and requests a driver's license, vehicle registration and insurance card.
— If the officer suspects the driver is under the influence, the driver is asked to submit to field sobriety tests.
— If the officer does not suspect the driver is under the influence, the driver is released with any applicable violations.
— If the officer has probable cause based on the field sobriety tests, the driver is placed under arrest for DUI and taken to the police station. The driver is asked to submit to chemical testing of breath, urine or blood.
— If a tested driver's BAC is more than 0.05 but less than 0.08 and no drugs are found in the system, no statutory summary suspension will apply; however, the associated DUI charge will remain until appropriate action is taken by the court.
— If the driver refuses to submit to or fails to complete testing, the statutory summary suspension will apply. A repeat offender who refuses to submit to testing is not eligible for a Restricted Driving Permit (RDP) during the three-year suspension.
— A repeat offender who takes the test and fails is not eligible for an RDP during the one-year suspension. If the driver is a first-time DUI offender, he/she may be eligible for a Monitoring Device Driving Permit.
— If the driver's test results show a BAC of 0.08 or more, or any trace of a drug, illegal substance or intoxicating compound, the driver will be issued a law enforcement sworn report notifying the driver of a statutory summary suspension.
— If the driver's license is valid, a receipt is issued allowing driving for 45 days.
— A driver may obtain additional testing at his/her own expense; the results are admissible in court.
— The offender is required to post bond and may be detained until bond is posted.
— The offender's vehicle may be towed, impounded or seized.