You were pulled over, arrested, and charged with a DUI. It’s all over, right? Actually, you have many opportunities for defense. And a strong defense is important, as you can expect some serious charges. Even a first DUI can lead to up to six months in jail and $2,500 in fines, not to mention having your license suspended. And if you have multiple DUI charges or someone is hurt in an accident you cause, you will face even tougher charges. How can you avoid charges? With a strong DUI defense. Don’t give up, as there are strategies for defeating an Illinois DUI charge.
The Illegal Stop
You cannot be pulled over without cause. If you’re pulled over because you are a minority, for example, that is of course illegal. If you are pulled over on suspicion of drinking, simply because you are driving at night, that is illegal. If you are pulled over because you swerve between lanes, you may think this is valid, but you are breaking no law. You must make a real mistake, such as speeding, in order to be pulled over.
Problem with the Field Sobriety Test
First, you do not have to take the field sobriety test. Note there is a difference between the breathalyzer – which is required by law – and field tests, where you might stand on one leg. These tests have been proven to be inaccurate reading of your ability to drive.
Incorrect Breath Test
Breath tests are not 100% accurate. No DUI test is without some danger of being inaccurate. The problem with the breathalyzer test is that it is subject to human error. If you are pulled over by an Illinois officer, are given the breath test, and fail, it does not always merit charges. There are many scenarios where the breathalyzer can be wrong. It makes no difference on your weight, whether you are a man or woman, nor if you ate food along with the alcohol.
Blood Test Problems
Blood tests are not 100% accurate either. The police may in fact not correctly take your blood. They can be wrong in testing, analysis, and/or preservation methods. The blood test is the most accurate of all BAC tests, but this is a human system, and no human system is perfect.
If there are witnesses to what happened, you may be able to make a clear Illinois DUI defense. They may have seen the arresting officer do something wrong. They may be willing to testify as to if you were intoxicated. A witness can often disprove what the arresting officer said.
If the arresting Illinois officer has a history of mistakes, such as in pulling people over for no reason, this can be used in court against the charges. They may have pulled people over illegally. The officer may have lied under oath before. The officer may have made mistakes in taking breath tests.
No matter what, you should question DUI charges. A strong Illinois DUI defense is always possible. If you are unsure of where to begin, it’s time to speak with an experienced Illinois DUI lawyer.