Illinois DUI Lawyer Blawg
Illinois law requires police officers to have reasonable suspicion before initiating a DUI investigation. While that standard generally involves direct observation of driving behavior or traffic violations, certain circumstances, such as a crash, can justify immediate investigation. A recent incident near Stockton demonstrates how modern technology and traffic collisions can intersect to initiate criminal charges for impaired driving. If you are charged with a DUI offense, it is important to understand your rights, and you should talk to a skilled Illinois DUI attorney.
The Stockton Crash
It is reported that a single-vehicle crash occurred near Stockton, Illinois, on a Sunday morning. Allegedly, the defendant was driving northbound on an Illinois road when she lost control of her vehicle. According to crash reports, the vehicle veered off the highway, struck a tree, and ultimately came to rest in a private driveway.
It is alleged that an iPhone crash alert, automatically generated by the defendant’s mobile device, prompted the dispatch of emergency responders to the scene. When deputies arrived, they observed that the vehicle had sustained significant damage. The driver, a 38-year-old Stockton resident, was reportedly treated at the scene by emergency medical personnel before being transported to a hospital in Freeport for treatment of non-life-threatening injuries.
It is reported that law enforcement officers initiated a DUI investigation at the scene based on the totality of the circumstances. The defendant was subsequently charged with Driving Under the Influence and cited for failure to reduce speed to avoid an accident. The investigation into the incident remains ongoing.
Illinois Law on Reasonable Suspicion in DUI Investigations
In Illinois, the Fourth Amendment to the United States Constitution, along with Article I, Section 6 of the Illinois Constitution, protects individuals from unreasonable searches and seizures. As applied to traffic stops and DUI investigations, this means that law enforcement must possess reasonable suspicion to believe a traffic violation or crime is occurring before detaining an individual for investigation. Reasonable suspicion must be based on specific and articulable facts, not merely a hunch.
Illinois courts have long held that a single-car accident may provide sufficient grounds for officers to suspect impaired driving, thereby justifying a DUI investigation. For example, the Illinois Supreme Court reaffirmed that reasonable suspicion can arise from “the manner of the accident,” the driver’s physical appearance, and any statements made during the officer’s initial contact. The mere occurrence of an accident, particularly if the driver is still on the scene, often warrants a brief investigative stop to determine whether impairment was a factor.
Moreover, if an officer arrives at the site of a crash where the driver is present, no initial “stop” in the constitutional sense has occurred. The officer may engage the driver in a consensual encounter. If, during that interaction, the officer develops reasonable suspicion, for instance, through signs of intoxication such as slurred speech, the odor of alcohol, or unsteady balance, then a DUI investigation is constitutionally permissible.
The Illinois Vehicle Code at 625 ILCS 5/11-501 prohibits a person from operating a motor vehicle while under the influence of alcohol or drugs to a degree that renders them incapable of safely driving. When a crash occurs, especially one that involves property damage or personal injury, the evidentiary threshold to justify a DUI investigation is typically low, and the standard of reasonable suspicion is readily met.
Finally, the increasing role of technology, such as smartphone crash detection features, may contribute to the timeline of an investigation but does not alone establish reasonable suspicion. However, once law enforcement arrives and begins interacting with the driver, traditional legal standards apply.
Retain an Experienced Illinois DUI Defense Attorney
If you have been charged with DUI following an accident, it is essential to understand how the concept of reasonable suspicion may affect the legality of the investigation and the evidence gathered against you. Theodore J. Harvatin of Harvatin Law Offices, PC, is a highly experienced Illinois DUI defense attorney who can assess whether the traffic stop or crash response in your case was lawfully conducted. To schedule a confidential consultation, contact Mr. Harvatin at (217) 525-0520 or submit an inquiry through the online contact form.