This week, we ask Officer William Pelarenos: What should I do If I’m pulled over for a DUI? What’s the procedure?
Officer Pelarenos: If you are taken to the Police Station then you are under arrest.Upon arrival you will be searched again, your money and property will be documented and inventoried. If any contraband is discovered such as drugs or weapons then expect additional charges to be filed against you.
You will be asked a series of intake questions regarding your physical health, mental health and any medicines that you require.The Police Officer will then read you the warning to motorist which explains the driver’s license suspension procedure, first time offenders incur a 6 month suspension for BAC .08 or above and a twelve month suspension for refusing to submit to the evidentiary breathalyzer test. A copy of the Illinois Warning to Motorist is on page 204 of my book DUIs Decoded.
After a 20 minute observation period, the Officer will then administer the Evidentiary Breathalyzer Exam. You can submit to the breath test or refuse it. Once this is done, the Officer will probably read you the Miranda Rights and then conduct a post-Miranda DUI interview. You can refuse this interview.
An experienced DUI attorney would definitely advise you not to make any statements since those answers will be used in court against you or may even be made public. Intoxicated people do say things that can come back to haunt them.
Next step is the booking system, identity and arrest information will be entered into a computer to coincide with your fingerprints and photograph.
You will be then given an opportunity to phone your family or friends to bond you out of jail unless you are being housed for a morning bond hearing.