The police can pull you over and arrest you for DUI under several circumstances. In fact, even if the police didn’t originally pull you over for driving as if you were drunk, they can arrest you for DUI. This guide explains.
3 Times Police Can Arrest You for DUI in Illinois
Check out three common situations that lead to DUI arrests in Illinois:
- The police observe you driving erratically and pull you over in a lawful stop
- The police observe you committing a crime (such as driving under the influence)
- The police made a lawful traffic stop for something other than DUI that led them to discover you were driving while intoxicated
Here’s a closer look at each.
#1. The Police Observe You Driving Erratically and Pull You Over in a Lawful Stop
The police can pull you over if they have reasonable suspicion that you’re driving while intoxicated. Reasonable suspicion is based on specific and articulable facts.
For example, the police may reasonably suspect you’re intoxicated if you’re swerving between lanes, speeding, or driving erratically. If the police pull you over based on reasonable suspicion, they may then ask you to take a field sobriety test.
#2. The Police Observe You Committing a Crime (Such as Driving Under the Influence)
The police can also arrest you for DUI if they observe you committing a crime. For example, if you’re driving under the influence, the police have probable cause to arrest you for DUI.
Probable cause is a reasonable belief, based on facts and circumstances, that a crime has been committed. In the context of DUI, probable cause may be based on factors such as your bloodshot eyes, slurred speech, or the smell of alcohol on your breath. If the police have probable cause to believe you’re intoxicated, they can arrest you without giving you a field sobriety test.
#3. The Police Made a Lawful Traffic Stop for Something Other Than DUI That Led Them to Discover You Were Driving While Intoxicated
Even if the police didn’t originally pull you over for driving under the influence, they can still arrest you for DUI if they discover you’re intoxicated during a lawful traffic stop.
For example, suppose the police pull you over for speeding. While speaking with you, the officer notices that your eyes are bloodshot and your speech is slurred. The officer may then ask you to take a field sobriety test. If you fail the test, the officer may arrest you for DUI.
Here’s the bottom line: If the police have reasonable suspicion or probable cause to believe you’re driving while intoxicated, they can pull you over and arrest you for DUI.
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