Do I really need a Will?

If you do not have a Will, your property will pass by laws of what is referred to as intestate succession, meaning certain rules will have to be followed as to how your property passes upon your death without regard to your desires or wishes. Therefore, you should have a Will drafted by an attorney if you want to have a say in how your property passes upon your death.

Am I entitled to legal counsel?

The U.S. and Illinois Constitutions guarantee your right to legal counsel before you speak to anybody, including police, but you can waive that right by agreeing to talk to police or even your friends and family. Therefore, do not speak to anybody about your matter in any way, unless you are willing to pay the consequences of waiving your rights.

If I do not believe I did anything wrong, can I resist an arrest?

Do not resist arrest in any physical manner, as that is illegal and can result in another charge against you of resisting arrest. You can refuse to speak to officers, but do so politely and otherwise cooperate physically even if you believe the arrest is invalid or unlawful.

If I am stopped for DUI, should I take a breath test?

This is a difficult question to answer. On one hand, refusing to take the test will result in a six-month or more suspension of your driving privileges, as Illinois law states that every motorist gives implied consent to such a test, when driving on the roads, and refusing to do so after a stop is a violation of that implied consent. Yet, submitting to the test can provide incriminating evidence against you in a DUI prosecution. Therefore, the answer depends on whether you are willing to risk that suspension of driving privileges in exchange for not providing potentially incriminating evidence against yourself.

Can I get my own blood alcohol test following a DUI arrest?

Yes, but the test must be drawn by an agency qualified to do so in order for the evidence to be admissible in court, and the test must be done immediately upon your release from police custody to have any potential value to your defense. Frankly, having your own test done is rarely beneficial because of the difficulty in getting it done quickly enough relative to the time of the arrest and by a qualified agency.

What Happens After a DUI Arrest in Illinois?

An arrest for Illinois DUI is really just the beginning of your interaction with the criminal justice system. Most people think their charges are fairly straightforward—one arrest, one DUI charge—but many are surprised to find out a DUI in Illinois triggers two criminal procedures:

A court case where the person accused of DUI will stand trial and face sentencing consequences

– Incarceration
– Fines
– Revoked license
– Substance abuse counseling
– Driver education courses
– Community service

An administrative driver’s license suspension

It is important to act quickly after an arrest on a DUI charge if preserving your driver’s license is a priority. Talk to your traffic defense lawyer right away about requesting a hearing to increase your chances of securing the right to drive.