Illinois DUI Lawyer Blawg
A recent DUI arrest in Las Vegas is drawing national attention after police allegedly found a driver asleep behind the wheel at a stoplight. While prosecutors await toxicology results, the case highlights a crucial distinction between being tired and being impaired. For Illinois drivers, this serves as a reminder that not every late-night stop involving fatigue amounts to a DUI. If you are facing DUI allegations in Illinois, you should speak with a defense attorney immediately to ensure your rights are protected and the facts of your case are fully examined.
Allegations of Falling Asleep at a Stoplight
It is reported that police encountered a driver stopped in a travel lane at a red light in the early morning hours. The motorist was asleep when officers approached the vehicle, and upon waking, admitted to having consumed a large beer earlier in the evening. Officers described the driver as having droopy eyes, slow speech, delayed responses, and confusion. Reports also indicate that the motorist refused a preliminary breath test at the scene, but later completed field sobriety tests that officers deemed unsatisfactory. The driver was booked on suspicion of DUI, though later released after providing a blood sample.
It is reported that the driver accepted responsibility for falling asleep while driving but firmly denied being impaired. The individual explained that exhaustion, not alcohol, caused the incident. Campaign representatives later stated that a breathalyzer test at the station showed a 0.00 blood alcohol concentration, and they expressed confidence that pending blood tests would support the same result. Because of delays in laboratory processing, toxicology results could take weeks or months. Prosecutors scheduled a status hearing for several months later, leaving open the possibility that the charges could be dropped or amended once results are available. In the meantime, the driver and legal team maintain that fatigue was the sole factor.
Illinois DUI Law and the Role of Fatigue
Illinois DUI law, under 625 ILCS 5/11-501, prohibits driving under the influence of alcohol, drugs, or any intoxicating compound that renders a driver incapable of safely operating a vehicle. A chemical test result of 0.08 or greater creates a presumption of impairment, but officers may also base charges on their observations of impairment, even without chemical confirmation.
Fatigue, by itself, does not constitute DUI under Illinois law. However, if a motorist shows signs of impairment, fails field sobriety testing, or refuses testing altogether, officers may pursue DUI charges while waiting for blood or breath results. In these cases, a defense attorney plays a critical role in ensuring that prosecutors do not improperly equate tired driving with intoxicated driving.
Aggravating factors, such as prior offenses, driving on a suspended license, or causing injury, can elevate DUI charges to felonies with harsher penalties. Even for first-time offenders, penalties can include fines, mandatory treatment, driver’s license suspension, and jail time. Importantly, Illinois law allows drivers to challenge both the underlying DUI charge and any license suspension in administrative and criminal proceedings.
Consult an Experienced Illinois DUI Defense Attorney
DUI arrests can be complex, particularly when fatigue is mistaken for impairment. In Illinois, drivers accused of DUI have the right to challenge the evidence, question the validity of field sobriety or chemical testing, and argue that fatigue or another lawful explanation was responsible for their behavior. If you are facing DUI charges, you should not navigate the system alone. Theodore J. Harvatin of the Harvatin Law Offices, PC, is an experienced Illinois DUI defense lawyer who has represented drivers across central Illinois for decades. To schedule a confidential consultation, contact Mr. Harvatin at (217) 525-0520 or use the online form.