CAN POLICE ARREST THE DESIGNATED DRIVER FOR DUI?

You went out with friends for a birthday.  Early on, you had a few drinks but after that you sipped ginger ale in order to be the designated driver.  A few hours later, police pulled you over for speeding. Then, they spotted an open beer can that one of your friends had brought into the car.  After ordering you out of the car, you agreed to the field sobriety tests, but unfortunately, you tripped during the tests and the officers arrested you.

Can the police arrest you when you were actually the designated driver?

Unfortunately, the answer is yes.  However, the police must have probable cause, which you may be providing when you fail the field sobriety tests.  Unless there is a breathalyzer or blood test, the prosecution in Illinois can rely strictly on the results of these tests to convict you.  And remember that very few of us are at a peak of flexibility and balance after midnight, which is when many arrests happen.

If you are arrested for DUI under these circumstances, all is not lost.  The state must still prove the elements of a DUI beyond a reasonable doubt.  Are the field sobriety tests enough to prove you were impaired?  Different judges may interpret these tests differently.  Minor mistakes may not be enough to convict you.  Are there other reasons that you may have failed the tests?  Do you have an injured leg?  Did you work a long shift before going to the party?  Are you in your 60s or older?  Are you relatively obese?  All these factors may influence the results of the test.

If you are charged with DUI or a similar offense, contact an experienced DUI attorney immediately. An attorney can review your case for your best possible defense.  Did police have probable cause to arrest you?  Can the state prove you were the driver or that you were impaired? Even if police acted lawfully and the evidence against you is overwhelming, an attorney who is respected in the courthouse may be able to negotiate a more favorable plea that you could on your own.

If you have questions about this or another related Illinois criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.

(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)