Johnson & Goldrich, PC
Driver’s License Reinstatement

Learn more

Are DUI Checkpoints Legal In Illinois?

Published on May 17th, 2024

As the weather warms up and summer approaches, socializing and travel naturally increase. This often involves driving. 

Memorial Day, which signifies the unofficial commencement of the summer season, is known for being among the most dangerous days for driving each year. This is primarily attributed to incidents of driving while intoxicated or under the influence of substances. 

During this time, law enforcement often ramps up efforts to curb impaired driving, frequently utilizing DUI checkpoints. The average driver might ask, “What exactly are these checkpoints, and are they legal?” Explore all the essential information regarding DUI checkpoints in this comprehensive guide.

D.U.I. Check Point A sign that says "D.U.I. Check Point." dui checkpoint stock pictures, royalty-free photos & images

The Legality Behind DUI Checkpoints

If you’re asking yourself “Are roadside safety checks legal?” we have the answer for you.

DUI checkpoints, also known as roadside safety checks, are legal in Illinois. These checkpoints must be conducted in a way that will minimize intrusion and maximize safety.

Breaking Down Memorial Day DUI Statistics

During Memorial Day weekend, DUI enforcement escalates as law enforcement officers across the country focus on reducing alcohol-related incidents. The National Safety Council reports a significant increase in alcohol-impaired fatalities during this period, with nearly 40% of traffic deaths involving an alcohol-impaired driver. This spike in incidents leads to more DUI arrests, often conducted at DUI checkpoints, also known as sobriety checkpoints.

In Illinois, the state police and local law enforcement are especially proactive. The Illinois Department of Transportation aids these efforts by coordinating with various agencies to establish DUI checkpoints. At these checkpoints, police officers are equipped to efficiently stop vehicles, perform chemical tests, and assess drivers for signs of impairment. 

The operation of these checkpoints during Memorial Day weekend is integral to a broader strategy aimed at discouraging individuals from drinking and driving. Although the effectiveness and ethics of these stops are sometimes questioned, they are recognized by the United States Supreme Court as a legal measure for enhancing road safety.

What Is An Illinois Roadside Safety Check?

An Illinois Roadside Safety Check is a law enforcement activity aimed at spotting and stopping those who are driving under the influence of alcohol or drugs. These checks are carried out by state police and local officers at carefully selected locations. These spots are often known for frequent alcohol-related incidents. 

Here’s how these checkpoints are usually set up:

  • Location Selection: Locations are chosen based on their history of alcohol-related crashes or arrests. This helps police officers target areas where problems are more likely to occur.
  • Public Notice: To keep things transparent and maintain public trust, the details about when and where these checkpoints will be held are often shared in advance through local media or police communications.
  • Random Stops: During these operations, officers stop vehicles according to a set plan, like stopping every third vehicle. This method ensures fairness in how vehicles are chosen for checks.
  • Brief Detention: Each traffic stop is typically short, aimed at spotting any signs of impairment and checking if drivers are following state laws. This could include observations that might lead to a DUI arrest.

Drinking, Driving, and Illinois Roadside Safety Checks

Encountering a DUI checkpoint can be a sobering experience. If you are stopped at one of these safety checks in Illinois, you should be prepared for the following procedures:

  • Screening: The initial interaction with law enforcement will involve a quick assessment to detect any signs of impairment.
  • Sobriety Tests: If officers suspect impairment, you may be asked to perform standardized sobriety tests to evaluate your condition.
  • Documentation Check: Officers will verify your driver’s license and registration to check for any prior offenses or current compliance with driving laws.

Your Rights During A DUI Checkpoint In Illinois

Understanding your rights at these drunk driving checkpoints can significantly impact the outcome of the stop:

  • Right to Remain Silent: You have the legal right not to answer potentially legally harmful questions without an attorney present.
  • Refusal of Tests: While you can refuse to undergo sobriety tests, such a refusal can lead to immediate administrative penalties, including license suspension.
  • Request Legal Representation: If you are detained and charged as a drunk driver, you can demand to speak to an attorney. This is a right crucial in protecting your legal interests during such encounters.

Driver’s License Reinstatements With Johnson & Goldrich, P.C.

Dealing with the aftermath of a DUI can be daunting, especially if your driving privileges have been suspended. Johnson & Goldrich, P.C. is committed to helping individuals regain their driving privileges

If you’re dealing with the difficulties of a DUI and require legal support, reach out to Johnson & Goldrich, P.C. for a complimentary consultation. Let our attorneys explore how we can assist in reinstating your driving privileges.

Back to News

Stop worrying and give us a call or text us at 312.795.1801 or submit the form below.