Should You Call Your Attorney During a DUI Stop? Legal Assistance in Real Time
A DUI stop can be a stressful and uncertain moment. Red and blue lights flash behind you, an officer asks for your license and registration, and suddenly, every decision you make feels more important than the last. One question that often comes up in these situations is whether you should call your attorney right then and there. While the answer depends on the circumstances, understanding your rights and knowing when legal assistance can help could make a significant difference in the outcome of your case.
Illinois law does not guarantee the right to speak with an attorney before deciding whether to take a breathalyzer test or comply with other aspects of a DUI investigation. That does not mean you cannot call your attorney—it only means that law enforcement is not required to pause their investigation while you do so. If you have the opportunity to make the call without interfering with the officer’s instructions, doing so may help you avoid saying or doing anything that could hurt your case later. If you are arrested, calling your attorney as soon as possible becomes even more important.
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Your Rights During a DUI Stop
Every driver should know their rights before they find themselves in the middle of a DUI stop. You are required to provide basic identifying information, such as your driver’s license, registration, and proof of insurance, but beyond that, you do not have to answer any questions about where you were, what you were doing, or whether you have been drinking. Officers may try to engage you in conversation to gather more information, but you have the right to remain silent.
Illinois law allows drivers to refuse field sobriety tests, such as the walk-and-turn or one-leg stand test. These tests are subjective, meaning an officer’s personal interpretation plays a role in the results. If you refuse, the officer may still arrest you based on other observations, but your refusal cannot be used against you in court.
Refusing a breathalyzer test, however, comes with consequences. Illinois has an implied consent law, which means that refusing to submit to a breath test after an arrest results in an automatic license suspension—one year for a first refusal and three years for a second. Some drivers assume that refusal makes it easier to fight a DUI charge, but it also removes a key piece of evidence that might have helped their case. An attorney can help weigh the legal options and determine the best course of action based on the circumstances.
Why it Matters to Call Your Attorney
The earlier you involve an attorney in your case, the better your chances of mounting a strong defense. In the hours and days after a DUI stop, evidence is collected, reports are written, and decisions are made that will influence how the case moves forward. A strong defense often starts before charges are even filed.
One of the biggest mistakes drivers make is assuming that if they comply with everything the officer asks, their case will be handled fairly. The reality is that DUI cases rely on many factors, including the officer’s observations, the reliability of testing equipment, and whether law enforcement followed proper procedures. If any part of the process was flawed, an attorney can challenge the evidence and work to have charges reduced or dismissed.
Legal assistance is especially important when it comes to challenging breathalyzer results. These machines must be properly calibrated and maintained, and the officer administering the test must follow strict guidelines. If the machine was not tested recently or if the officer failed to conduct the test correctly, the results may not be reliable. A DUI attorney will look into these details, along with any available dashcam or bodycam footage that might contradict the officer’s claims.
How Andy Sotiropoulos Defends DUI Cases
DUI defense is more than just knowing the law. It requires a deep understanding of how DUI investigations are conducted, what evidence is admissible in court, and how to identify weaknesses in the prosecution’s case. Andy Sotiropoulos has spent years representing individuals facing DUI charges in Illinois. His approach involves reviewing every detail of the case, from the initial traffic stop to the administration of tests and the handling of evidence.
Many drivers believe that failing a breathalyzer test or performing poorly on a field sobriety test means they have no defense. In reality, these tests are not always reliable, and mistakes can happen at multiple points during an investigation. Andy has successfully challenged DUI charges by identifying problems with breathalyzer calibration, questioning whether field sobriety tests were conducted properly, and exposing inconsistencies in police reports.
Each DUI case is different, and there is no one-size-fits-all defense. Some cases involve challenging the legality of the traffic stop itself, while others focus on questioning the reliability of the evidence. The goal is always to protect the client’s rights and pursue the best possible outcome, whether that means a dismissal, a reduction in charges, or a not guilty verdict at trial.
Frequently Asked Questions: DUI Stops & Why Call Your Attorney
Am I allowed to remain silent during a DUI Stop?
Yes. Beyond providing your license, registration, and proof of insurance, you do not have to answer any other questions. Politely stating that you wish to remain silent is within your legal rights.
Should I refuse a field sobriety test?
Field sobriety tests are subjective, and officers often use them to justify an arrest. In most cases, refusing these tests is a reasonable choice because the results are open to interpretation and cannot be used against you in court.
What happens if I refuse a breathalyzer test?
Refusing a breathalyzer test after an arrest leads to an automatic license suspension under Illinois’ implied consent law. However, refusal may prevent the prosecution from using a potentially flawed BAC result against you. An attorney can help determine whether refusal was the right choice and explore ways to challenge the suspension.
Can I call my attorney during a DUI stop?
While officers are not required to wait for you to contact an attorney before proceeding with their investigation, you are not prohibited from calling one either. If you are able to do so without interfering, a quick consultation can help you handle the situation carefully.
What should I do if I’m arrested for DUI?
Remain calm, exercise your right to remain silent, and contact an attorney as soon as possible. The sooner you have legal representation, the better your chances of building a strong defense.
Take Control of Your DUI Defense in Chicago
The way you handle a DUI stop can affect your case, but you do not have to go through the process alone. Understanding your rights, making informed decisions, and calling your attorney as soon as possible can put you in the best position for a strong defense.
Andy Sotiropoulos has spent years defending individuals accused of DUI throughout Illinois. His deep knowledge of DUI law and commitment to his clients allow him to identify the best defense strategies based on the specific details of each case. If you are facing DUI charges, now is the time to take action. Call today or visit illinois-dui-defender.com to schedule a consultation.