Illinois DUI

The Fair DUI flyer for Illinois is below. It is tricky because there is a strong view of state law that the driver is required to “surrender” their license, meaning you’d have to roll down your window.

This could be a good place to use the Ziplock bag method where you put the flyer and your documents in a bag and hang it out the window with a string and then close the window before the officer gets to your car.

Please discuss the flyer with an Illinois DUI lawyer before using it.

Fair DUI Flyer-Illinois-front

Fair DUI Flyer-Illinois.back

Fair DUI Flyer-Illinois – PDF

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33 thoughts on “Illinois DUI

    1. giacchetti

      This will encourage people to drive intoxicated and many will be killed due to this. The Florida lawyer who invented this should be held liable for anyone hurt from this. In Illinois you must sign the citation and physically hand the D / L to the officer. In Illinois there is the implied consent law and if he believes you are impaired based on his observation and requests that you test and you don’t Your D/L is suspended for a year. A police office has reasonable suspicion and can investigate further Terry v Ohio if you impede this investigation You will be placed into custody. If you don’t have anything to hide why would you do this to begin with?

      Reply
      1. Tim Johnston

        I agree that if you present this card, they will likely arrest you, particularly if the driving was poor. However, if a case comes to me where all the state has is bad driving, I would expect an acquittal, and hopefully to win the implied consent hearing (hearing to rescind the statutory summary suspension). If a person is truly too drunk to drive, however, it is unlikely they will be able to sufficiently protect their rights. In my experience, alcohol consumption impairs one’s ability to exercise their rights as much as it it impairs their ability to drive.

        Reply
  1. chad

    So if you you put ur d/l and all the required documents in bag then how can the officer will identify you? I mean I can use my cousin licence and get away with it? Or is there any law about that?

    Reply
    1. Rob

      Remember cops could shine a light through the window n windshield to make sure that person is the person on the license

      Reply
  2. Alex

    Can this be used during a traffic stop? I feel like one of the most common mistakes during traffic stops is an admission following “Do you know why I’m stopping you?”.

    Yes to liberty!

    Reply
    1. wredlich Post author

      It is intended for traffic stops. Checkpoints are a bonus. But you should check with an Illinois lawyer.

      Reply
    2. KS

      During a traffic stop, you getting pulled over for doing something wrong. It is different. Supreme Court precedence says an officer can order you out of your car during a traffic stop for officer safety. A DUI checkpoint, which is what this is for, you haven’t done anything wrong yet. The Supreme Court precedence doesn’t apply.

      Reply
  3. Keith

    Verify what you’re putting out there before landing people obstruction charges. 625 ILCS 5/6-112 and 5/7-602 pertain to driver’s license and proof of insurance, respectively. At the bottom of both, it defines the context of the word “display” – meaning you MUST surrender driver’s license and proof of insurance in the requesting officer’s hand.

    Sources:
    http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K7-602
    http://www.ilga.gov/legislation/ilcs/documents/062500050K6-112.htm

    According to the Sign and Drive law in IL, you SHALL sign the ticket in lieu of bail/bond. This meaning MUST; not meaning a request (for those unfamiliar with the language in the ILCS).

    Source: http://www.ilga.gov/legislation/publicacts/fulltext.asp?Name=098-0870

    By showing an officer that flyer, you are stating you will not comply with his lawful order to hand over your license. This is grounds for obstruction. Especially those that will insist this flyer is accurate.

    So in review: Unless you’re a magician, you will have to open your window atleast somewhat to hand over your driver’s license and proof of insurance. The same goes for signing citations.

    Lastly, to the people of Illinois: Be smart. Only take advice from your lawer, and comply with all lawful commands made by officers. If officers’ actions or demands weren’t by law or policy, your lawyer will handle that in court. And if you do take legal advice from thw Internet, always verify it. Ignorance of the law is not a valid defense in court.

    Reply
    1. wredlich Post author

      Asserting your rights is not obstruction. But we agree that people should consult a lawyer before doing this.

      Reply
    2. Tim Johnston

      I agree with this post, however it should be stressed that police are not perfect communicators. It can be difficult to ascertain when a police officer is ordering as opposed to asking. I had a case where a (young) officer said over and over again “I am going to ask you to step out of the vehicle one more time.” He refused. Then she reached into the vehicle to open the door to drag my client out. She charged him with obstructing/resisting for failing to obey her lawful order …

      Reply
  4. Keith

    Asserting what rights? The ILCS specifically states you must physically hand your DL and insurance to the officer. And that you must also sign. In IL, you have no right to deny either. So by refusing to comply with lawful commands sanctioned in IL, that IS obstruction. This flyer may be relevant in other states, but certainly not in Illinois.

    Reply
    1. wredlich Post author

      The right to be free from unreasonable search and seizure.

      Why does the LEO need to have the license in his hand? Does that need outweigh the Fourth Amendment?

      As for signing, we’re working on an app that will allow the user to digitally “e-sign” the ticket without having to open the window and physically sign it.

      Again you are correct – people should talk to a local lawyer and not rely on a website.

      Reply
  5. mike

    The law in Illinois has charged. If you are not in a major traffic violation you no longer surrender your license. So a random checkpoint wouldn’t be major. I still don’t know if I would try this in Chicago.

    Reply
  6. No Body...

    Statement “I have to display my papers, Not hand them to you” is incorrect.

    (625 ILCS 5/6-112) (from Ch. 95 1/2, par. 6-112)
    Sec. 6-112. License and Permits to be carried and exhibited on demand. Every licensee or permittee shall have his drivers license or permit in his immediate possession at all times when operating a motor vehicle and, for the purpose of indicating compliance with this requirement, shall display such license or permit if it is in his possession upon demand made, when in uniform or displaying a badge or other sign of authority, by a member of the State Police, a sheriff or other police officer or designated agent of the Secretary of State. However, no person charged with violating this Section shall be convicted if he produces in court satisfactory evidence that a drivers license was theretofor issued to him and was valid at the time of his arrest.
    For the purposes of this Section, “display” means the manual surrender of his license certificate into the hands of the demanding officer for his inspection thereof.
    (Source: P.A. 76-1749.)

    Reply
    1. Tim

      Isn’t placing them out the window for the officer to see in effect surrendering them into his hands. Does the law state it must hand to hand surrender

      Reply
  7. No Body...

    Also…..

    (625 ILCS 5/7-602) (from Ch. 95 1/2, par. 7-602)
    Sec. 7-602. Insurance card. Every operator of a motor vehicle subject to Section 7-601 of this Code shall carry within the vehicle evidence of insurance. The evidence shall be legible and sufficient to demonstrate that the motor vehicle currently is covered by a liability insurance policy as required under Section 7-601 of this Code and may include, but is not limited to, the following:
    (a) an insurance card provided by the insurer under

    this Section;
    (b) the combination of proof of purchase of the motor

    vehicle within the previous 60 days and a current insurance card issued for the motor vehicle replaced by such purchase;
    (c) the current declarations page of a liability

    insurance policy;
    (d) a liability insurance binder, certificate of

    liability insurance or receipt for payment to an insurer or its authorized representative for a liability insurance premium, provided such document contains all information the Secretary of State by rule and regulation may require;
    (e) a current rental agreement;
    (f) registration plates, registration sticker or

    other evidence of registration issued by the Secretary only upon submission of proof of liability insurance pursuant to this Code;
    (g) a certificate, decal, or other document or device

    issued by a governmental agency for a motor vehicle indicating the vehicle is insured for liability pursuant to law;
    (h) the display of electronic images on a cellular

    phone or other type of portable electronic device. The use of a cellular phone or other type of portable electronic device to display proof of insurance does not constitute consent for a law enforcement officer, court, or other officer of the court to access other contents of the electronic device. Any law enforcement officer, court, or officer of the court presented with the device shall be immune from any liability resulting from damage to the mobile electronic device.
    An insurance card shall be provided for each motor vehicle insured by the insurer issuing the liability insurance policy and may be issued in either paper or electronic format. Acceptable electronic formats shall permit display on a cellular phone or other portable electronic device and satisfy all other requirements of law and rule, including this Section, regarding form and content.
    The form, contents and manner of issuance of the insurance card shall be prescribed by rules and regulations of the Secretary of State. The Secretary shall adopt rules requiring that reasonable measures be taken to prevent the fraudulent production of insurance cards. The insurance card shall display an effective date and an expiration date covering a period of time not to exceed 12 months. The insurance card shall contain the following disclaimer: “Examine policy exclusions carefully. This form does not constitute any part of your insurance policy.” If the insurance policy represented by the insurance card does not cover any driver operating the motor vehicle with the owner’s permission, or the owner when operating a motor vehicle other than the vehicle for which the policy is issued, the insurance card shall contain a warning of such limitations in the coverage provided by the policy.
    No insurer shall issue a card, similar in appearance, form and content to the insurance card required under this Section, in connection with an insurance policy that does not provide the liability insurance coverage required under Section 7-601 of this Code.
    The evidence of insurance shall be displayed upon request made by any law enforcement officer wearing a uniform or displaying a badge or other sign of authority. Any person who fails or refuses to comply with such request is in violation of Section 3-707 of this Code. Any person who displays evidence of insurance, knowing there is no valid liability insurance in effect on the motor vehicle as required under Section 7-601 of this Code or knowing the evidence of insurance is illegally altered, counterfeit or otherwise invalid, is in violation of Section 3-710 of this Code.
    “Display” means the manual surrender of the evidence of insurance into the hands of the law enforcement officer, court, or officer of the court making the request for the officer’s, court’s, or officer of the court’s inspection thereof.
    (Source: P.A. 98-521, eff. 8-23-13.)

    http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K7-602

    Reply
  8. Tom

    There should be no police contact with a civilian unless an actual crime against person or property has been committed. LEO’s are or become jaded once on the force and that lack of objectivity and poor attitude leads to the highly publicized behavior we’ve been seeing of late. A physical means to present this flyer would be cool so as not to have to open a window.

    Reply
  9. justput

    FYI:

    IL now requires that drivers hand over their licenses to law enforcement officers upon demand:

    “For the purposes of this Section, “display” means the manual surrender of his license certificate into the hands of the demanding officer for his inspection thereof.
    (Source: P.A. 76-1749.)”
    http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=062500050HCh%2E+6+Art%2E+I&ActID=1815&ChapterID=49&SeqStart=77400000&SeqEnd=81800000

    ” “Display” means the manual surrender of the evidence of insurance into the hands of the law enforcement officer, court, or officer of the court making the request for the officer’s, court’s, or officer of the court’s inspection thereof.
    (Source: P.A. 98-521, eff. 8-23-13.)”
    http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=062500050HCh%2E+7+Art%2E+VI&ActID=1815&ChapterID=49&SeqStart=103500000&SeqEnd=104700000

    The police state politicians didn’t like these efforts by citizens.

    Reply
    1. wredlich Post author

      Correct. But please note that a state cannot override the 4th Amendment just by passing a statute. It is still a valid argument that the state requirement to hand over the license violates the Fourth Amendment right to be secure in our “papers and effects.”

      Reply
      1. David

        I’ve been following, common sense is what your speaking. These people are afraid of what they’ve seen happen. If I pull up, all my info is in the flyer, D’license, insurance, proof of registration. Etc. What would b the purpose for them to speak with you once u checkout / clear. You telling them, hey statues cannot override the Constitutional rights. They either don’t know the Organic Constitution or brainwashed. Either or your teaching and reaching some. Keep up the good work

        Reply
    2. Ha!

      Careful, No Body, you’re going down a slopery slip. “Display”. Think about it.
      On your car, they make you “display” your tags– but they don’t make you physically take it off your car. They make you “display” a tavern license– but they don’t make you take it out of the picture frame it’s in to inspect it– it’s behind glass.

      Reply
  10. Joe

    You have to surrender your documents. Everything about this flyer is wrong. Enjoy being arrested for obstruction of justice.

    The evidence of insurance shall be displayed upon request made by any law enforcement officer wearing a uniform or displaying a badge or other sign of authority.
    “Display” means the manual surrender of the evidence of insurance into the hands of the law enforcement officer, court, or officer of the court making the request for the officer’s, court’s, or officer of the court’s inspection thereof.
    Any person who fails or refuses to comply with such request is in violation of Section 3-707 of this Code.

    I suggest redoing the flyer. Maybe put documents in a ziplock bag and hang it from your window with a piece of string, with the flyer saying that you are surrendering the documents for inspection as required by law.

    Reply
  11. Mike

    Manual surrender means that you need to present or give the item or items to the officer. That doesn’t mean that you need to use your hand to place the items in his or her hand. Making them available is sufficient. Many LEO’s wear gloves for various reasons. Many drivers wear gloves for various reasons. If one or both parties are wearing gloves, the presentment has been accomplished. The same applies to the zip lock bag. In Chicago, a broken wIndow may be the end result. After that a judge may see things your way. Good luck getting reimbursed for the window. Consult an attorney and include their business card in the baggie.

    Reply
  12. john bartholomew

    COP:”Wait,is that a baby I hear crying in your car?”,followed by breaking glass and your ass being hauled out by your lapels and introduced to the business end of their beat-stick.

    Reply

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