Pulled over in Illinois: what to do and say

General information about Illinois law as of October 23, 2026. It is not legal advice for your situation, and reading it does not create an attorney-client relationship.

What should I do when police pull me over?

Signal, stop where it is safe and turn off the engine. At night, switch on the interior light. Stay in the car unless the officer tells you to get out.

Never drive off. Failing to stop for an officer's signal is a Class A misdemeanor, and a conviction costs your license for up to 6 months the first time (625 ILCS 5/11-204). If the flight is 21 mph or more over the limit, ignores 2 or more traffic signals or signs, injures anyone, does more than $300 of damage, or involves a hidden or altered license plate, it is a felony the first time and your license is revoked (625 ILCS 5/11-204.1).

What do I have to show the officer?

Your license and proof of insurance. Say where they are before you reach.

The license: you must have it on you whenever you drive and hand it over when an officer in uniform, or showing a badge, asks for it. "Display" in the statute means putting it into the officer's hands (625 ILCS 5/6-112).

Insurance: you must carry evidence of insurance in the car and hand it over when asked. An insurance card counts, and so does an image on your phone. The statute adds that showing your insurance on a phone "does not constitute consent" for the officer to look at anything else on it (625 ILCS 5/7-602).

Registration: the Vehicle Code's rule on carrying the registration card and showing it on demand is written for trucks and other second division vehicles over 8,000 pounds, and for lighter ones towing a trailer (625 ILCS 5/3-411). Keep yours in the car anyway.

Do I have to answer the officer's questions?

Hand over your license and insurance when asked, and never lie: giving a false name, address or date of birth to an officer who has lawfully detained or arrested you is a Class A misdemeanor (720 ILCS 5/31-4.5). Officers write down what you say.

Beyond that, the Illinois Constitution says no one "shall be compelled in a criminal case to give evidence against himself" (Ill. Const. art. I, sec. 10), so you may decline to talk about where you have been, where you are going or what you had to drink. If you decline, say it once, calmly: "I'm not going to answer questions." Then stop talking, keep your hands where the officer can see them, and follow the officer's directions.

Do I have to get out of the car?

Yes, if the officer tells you to. The U.S. Supreme Court has held that once a car is lawfully stopped, officers may order the driver out, and may order passengers out until the stop is over (Arizona v. Johnson, 555 U.S. 323, 331 (2009), describing Pennsylvania v. Mimms and Maryland v. Wilson).

Refusing a lawful order can itself lead to a charge (625 ILCS 5/11-203, 720 ILCS 5/31-1). Step out slowly with your hands where the officer can see them. If you think the order was wrong, your lawyer can argue it later.

What about my passengers?

A stop holds everyone in the car. The Supreme Court has said a passenger is seized, just as the driver is, from the moment the car is stopped (Arizona v. Johnson, 555 U.S. at 332, describing Brendlin v. California).

The license rule above applies to the person driving. An officer who reasonably suspects anyone of an offense may stop them and demand their name and address (725 ILCS 5/107-14). A passenger has the same duty as the driver never to give a false name, and the same limited right to decline other questions, said once and calmly.

Can police search my car?

Police may have legal grounds to search a car without your consent, and you can never physically stop a search. Do not block the officers or touch them: resisting or obstructing an officer is a Class A misdemeanor (720 ILCS 5/31-1).

If an officer asks for permission, you may decline. Consent to a search must be voluntary, and the officer does not have to tell you that you can say no (Ohio v. Robinette, 519 U.S. 33, 39 to 40 (1996)). Say it once, calmly: "I do not consent to a search." Then stand back with your hands where the officer can see them.

An Illinois statute says police may not search a car, its driver or a passenger only because someone was not wearing a seat belt (725 ILCS 5/108-1). When police want to search in Illinois covers what to do next.

Can I record the stop?

Recording does not change what you must do at the stop, and the officer may "take reasonable action to maintain safety and control" while you record. That is the same sentence of the eavesdropping law that says nothing in it prohibits anyone who is not an officer from recording an officer doing his job in a public place (720 ILCS 5/14-2). If the phone is not already in your hand, tell the officer before you reach for it, and keep following the officer's directions.

If the officer wore a body camera, the department must keep the recording for 90 days, and after that it is destroyed unless the encounter was flagged, for example by an arrest or a complaint. You or your lawyer can ask the department for it (50 ILCS 706/10-20). Ask early.

Will I get a ticket or be arrested?

For an offense below a Class A misdemeanor, the officer must give you a citation instead of taking you into custody, "upon proper identification", unless the officer reasonably believes you are a threat, the conduct continues after the citation, or you have an obvious medical or mental health issue that puts you at risk (725 ILCS 5/109-1).

A DUI is at least a Class A misdemeanor (625 ILCS 5/11-501), so that rule does not cover it, and it can mean an arrest. If the stop turns into a DUI investigation, read what to do at a DUI stop.

How many tickets before Illinois suspends my license?

The Secretary of State may suspend or revoke your license after convictions for 3 moving violations committed within any 12 months. For a driver under 21, it is 2 within any 24 months (625 ILCS 5/6-206).

What should I never do?

Do not argue at the roadside, and never resist. Illinois law says you may not use force to resist an arrest you know is being made by a police officer, "even if he believes that the arrest is unlawful and the arrest in fact is unlawful" (720 ILCS 5/7-7). Resisting or obstructing an officer is a Class A misdemeanor with at least 48 hours in jail or 100 hours of community service (720 ILCS 5/31-1).

Do not reach under a seat or into a bag without saying so first.

What should I do after the stop?

Write down that night the time, place, officer's name and badge number, what was said, and anything searched or taken. Keep every paper, and put the court date in your phone.

When to call Rick

Call Rick if you were arrested or charged with more than a minor ticket, if police searched your car or phone, or if your license is at risk. He handles DUI and traffic cases and criminal charges in Rockford, Loves Park and across Winnebago County. Call (815) 986-1569 before your first court date.