What legal reason do Illinois police need to stop me? Attorney Joshua Boardman from Combs Waterkotte discusses everything you need to know about Illinois DUI criminal charges, including first-time DUI, second DUI, Illinois DUI laws, DUI defense strategies, CDL DUI charges, and more.
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Interview Transcript
Scott Michael Dunn: What legal reason do Illinois police need to stop me?
Joshua Boardman: Well, to back up a little bit, for a stop, the officer needs reasonable suspicion. So, that can be a number of things. That can be driving style, that could be other types of circumstantial evidence, where you’re leaving from, etc. For an actual arrest, you do need to rise to that level of probable cause. And probable cause could be the scent of alcohol on someone’s breath. Basically, you could be arrested if you do consent to breathalyzer tests or field sobriety tests. And the officer is able to quote-unquote make the case based on either blowing or what they deem to be a failed field sobriety test. Or, if you refuse those things, there’s implied consent laws as an operator of a vehicle on the road. So if you refuse those things, they can automatically place you under arrest and then base their report on allegations or circumstantial evidence.
