Chicago Criminal Lawyer Blog
A DUI arrest can feel overwhelming, especially when it begins with a traffic stop that doesn’t seem fair or justified. In Chicago, law enforcement officers are required to follow specific legal procedures before pulling over a driver and conducting an investigation for driving under the influence. But all too often, those procedures are ignored or stretched beyond their lawful limits. If you’ve been charged with DUI and believe the stop was illegal, you need to know your rights and how a skilled attorney can help fight back.
Illinois law requires police to have either probable cause or reasonable suspicion before stopping a vehicle. This standard comes from both the Fourth Amendment to the U.S. Constitution and Illinois case law interpreting those protections. Reasonable suspicion is a lower standard than probable cause, but it still requires a factual basis. An officer must be able to point to specific, observable facts—not just a vague feeling or hunch—that suggest a law has been broken or is in the process of being broken.
One of the most common justifications for DUI stops is the alleged commission of a minor traffic violation. Chicago police frequently cite claims such as improper lane usage, failure to use a turn signal, or rolling through a stop sign. While any of these may support a stop if they actually occurred, many are exaggerated or nonexistent. Officers sometimes rely on these claims as pretexts to initiate stops based on a driver’s appearance, neighborhood, or time of day.
