Potential Defenses to DUI Charges

 Posted on September 23, 2023 in DUI

DUI/DWI convictions come with many serious consequences. Winning a DUI case begins with an experienced Arlington Heights, IL DUI defense attorney who can develop a strong defense strategy grounded in the specific details of the individual case as well as the goals of each individual client. These cases are often complex, allowing room for law enforcement to make mistakes when they gather evidence and make a DUI arrest. However, without knowledge of the law and potential defense, it can be difficult for those charged with a DUI to fight back. 

An Illegal Stop

The arrest process can be flawed if followed improperly by police. Your attorney can request the arresting officer's dashcam video. It is unlikely that such footage will paint the entire picture of the stop. However, it can help put the pieces together to prove that the officer potentially stopped you illegally. If the officer made an illegal stop, all evidence law enforcement collected after you were pulled over must be suppressed in court. Without this evidence, the prosecution does not have a case.

Lack of Probable Cause to Make an Arrest

Police officers typically make an arrest after observing:

• Someone's driving before stopping their vehicle
• Someone's behavior when asked for their driver's license and insurance information
• How someone performed on-field sobriety tests 
• A driver's preliminary breath test results 

Your attorney can challenge the officer's probable cause to arrest you. Law enforcement officers need reasonable and clear suspicion of criminal activity, including that a driver was drunk behind the wheel, to ask them to submit to a field sobriety test and a preliminary breath test. An attorney well-versed in the requirements for performing field sobriety tests correctly can challenge its use and results on your behalf. If they are successful, this evidence can also be deemed inadmissible in court. 

Breathalyzer Tests are Often Inaccurate

Police often use breath testing equipment - commonly called “breathalyzers” -  to determine a driver’s blood alcohol content (BAC). If you submitted to a breath test and your result was over the legal limit, you may feel like there is nothing you can do but plead guilty. Importantly, however, breathalyzer tests often provide inaccurate results for a variety of reasons. Some of the most common include the following:

• The officer conducting the test failed to properly calibrate the test
• The officer conducting the test failed to properly administer the test
• Medical conditions such as GERD
• The presence of alcohol in your mouth

If any of these or other issues with a breathalyzer exist in your DUI case, your defense lawyer may be able to have the results of the test suppressed. When evidence is suppressed, it means it cannot be used against you in court. Because prosecutors often rely heavily on breathalyzer evidence, suppressing the results of a breath test may result in the case against you being dropped or dismissed.

Call an Arlington Heights Criminal Defense Lawyer Today

While these DUI defenses are not all-inclusive, they are an optimal starting point for anyone facing Illinois DUI charges. The defense strategy an attorney chooses to pursue can make the difference between walking free or facing the extreme consequences of a DUI conviction, such as the loss of your driving privileges, jail time, and significant fines. It is critical to hire a seasoned Rolling Meadows, IL DUI defense attorney who will carefully review every detail of your case to determine which type of defense best fits and has the greatest chance of success. Contact Scott F. Anderson, Attorney at Law online or by phone at 847-253-3400 today to schedule your DUI case consultation.