Your Rights When You’re Pulled Over in Illinois: What to Know
08/01/2025
Your Rights When You’re Pulled Over in Illinois are your most important tool during a traffic stop. Every driver will likely be pulled over at some point.
Most people’s interactions with law enforcement happen during traffic stops, which can range from a simple traffic violation to a DUI investigation or an arrest based on a warrant. Sometimes, these stops can even end in an arrest.
A traffic stop can quickly escalate, even for a driver with a perfect record. That’s why it’s so important to know your rights when you get pulled over. A wrong move could lead to fines, a license suspension, or even jail time.
In these situations, your best option is to contact an experienced criminal defense attorney, like us, at Ktenas Law.
If you believe you are being signaled to pull over by the police, you must remain calm. Turn on your vehicle’s emergency lights, use a blinker to move into the right-hand lane if possible, and slow down your vehicle. This makes it clear to the police officers that you are aware that they are attempting to pull you over.
You are not required to pull over immediately. As long as you have signaled that you are intending to pull over, you can continue slowly to a well-lit and safe area, where neither you nor the police officers will be in any danger of bodily harm from passing cars.
Once you have come to a stop, you will need to lower your driver’s side window, turn off your engine, place your hands on the steering wheel, and wait for the officer to come to the window. Make sure to keep your hands visible at all times.
In most traffic stops, the officer will ask you for your license, registration, and proof of insurance.
In Illinois, you are required to give these to the requesting officer in all cases, even if you do not feel that the stop was warranted.
It is best to keep all of these documents close to you, or in your glove box, for easy access in case you are stopped.
After running your information, officers may ask you any series of questions, such as “Have you had anything to drink tonight?” Or “Are you aware that you were going over the speed limit?”
In these situations, it is always best to remain silent. You are not required to answer any additional questions, and in most cases, it is better not to answer any questions.
Any information you give them can be used against you, whether you are just admitting to speeding or telling the officer that you have illegal substances in your car. The 5th amendment protects your constitutional right to stay silent.
In Illinois, the only question you are legally required to answer during a traffic stop is whether you have a concealed carry firearm. If the officer asks, you must inform them. You are not required to volunteer this information if they don’t ask.
In many cases, police officers may ask you if they can search your vehicle. Even if you have nothing to hide, your answer should always be “No.” Officers cannot search your vehicle without your permission unless they have a search warrant to do so, you are being arrested, or they have probable cause.
They may try to trick you or convince you to allow them to search your car, but your answer should always be “No.” Consent Laws protect your right to deny consent to police officers to search your vehicle.
Probable cause can be hard to understand sometimes, but the officers saying they can “smell” illegal substances, or believe that you have a weapon or illegal substances, does not constitute as reasonable suspicion or probable cause.
However, if police see illegal items, such as drugs or weapons, in plain view within your vehicle, this gives them probable cause. This allows officers to conduct a legal search of your car and seize the items without a warrant.
If you refuse a search of your car but officers decide to perform an unreasonable search, this is an illegal search and seizure, and no information or evidence gathered during an act of illegal search and seizure can be used against you.
Do not attempt to stop the officer, simply remember the date and time, and request the officer’s badge number and name to make a complaint.
You have the right to refuse a field sobriety test or a roadside breathalyzer test. It is important to know that these tests have been shown to have a significant rate of error (around 65%).
However, be aware that refusing to take them may give the officer probable cause to arrest you on suspicion of Driving Under the Influence.
This is a critical moment in any DUI Defense case, and an experienced attorney can help you understand the pros and cons of making that decision.
While it is your right to refuse a field sobriety test, breathalyzer, or blood test, there can be consequences, including license suspension or even jail time, even if this is your first traffic offense.
If you have been pulled over and refused either a breathalyzer test or a field sobriety test, reach out to a Chicago DUI defense lawyer immediately for legal assistance to fight any consequences you may face. Even if you refuse testing at the scene, you may be required to submit blood or chemical tests at a later date.
In the 2014 Heien vs North Carolina case, the US Supreme Court handed down the decision that police officers can stop anyone at any time, for anything, as long as that law enforcement officer reasonably believes that the person they are stopping has, is, or will be committing a crime.
In some cases, this also means that the police officer was mistaken, and you have been stopped for doing something that is not a crime. This can lead to unlawful arrests or unlawful search and seizure.
There are many reasons why an officer can pull you over that are considered legal stops. Illinois law requires all passengers and the driver of each vehicle to wear their seatbelts correctly, and drivers are prohibited from using handheld devices while the vehicle’s engine is on.
Speeding, reckless driving, expired registrations, and a broken tail or headlight make up an overwhelming majority of traffic stops performed in Illinois.
Reasonable suspicion that you may be driving drunk or ingesting illegal substances in your vehicle is also a legal reason for a traffic stop.
If the police officers who stopped you inform you that you are being arrested, do not panic. Keep calm, listen to all commands from the officers, and stay quiet. Even in custody, you are not required to say anything or answer any questions.
If officers continue to ask you questions after you have already expressed that you will not be answering questions, inform them that you would like to speak to your attorney.
Do not attempt to flee or fight back. Keep your movements slow and deliberate, body language calm, and obey all orders from the arresting officers. Attempting to run or fight will bring additional charges.
Try to remember as much as you can, including the locations of any cameras that may be watching your arrest, the names and badge numbers of the arresting officers, and any witnesses that may be able to testify in your defense.
Legal action can and should be taken against officers who abuse their positions or perform wrongful arrests.
Given the serious nature of any interaction with law enforcement, it is crucial to have an experienced advocate on your side. Don’t navigate these complexities alone.
Contact Ktenas Law today for a free and confidential consultation to discuss your case.
