Before you can be arrested for DUI, police must have probable cause. But at what point are you considered under arrest?
In Illinois, you are under arrest when your freedom of movement has been restrained by means of physical force or a show of authority. To determine when that happened, a court looks at: (1) the officer’s intent to make the arrest, and (2) your understanding, based on an objective standard of reasonableness, that you were under arrest. Probable cause cannot be justified by the evidence found after your arrest.
For example, in People v. Workheiser, the defendant took one field sobriety test but refused others, at which point, the officer handcuffed him and told him he was under arrest. The defendant then agreed to perform the other tests. The court held that the results of testing after the arrest could not be used to determine probable cause. Unfortunately for the defendant, the court still found probable cause for the arrest based on his poor driving, slurred speech, admission of drinking and fumbling and dropping his wallet.
If you have been charged with DUI or similar offense, contact an experienced attorney immediately. An attorney can review your case for your best possible defense. Did police follow procedure during your arrest? If not, an attorney can bring a motion to suppress the results of an illegal arrest. If successful, the court could, in limited circumstances, dismiss your DUI.
If you have questions about this or another related Illinois criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email email@example.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.)