Under Illinois law, driving under the influence (DUI) is a serious offense that can have significant legal consequences. Many people charged with DUI assume that the arrest will now automatically mean a guilty finding; however, there are a number of legal defenses that may be available to cause reasonable doubt in a jury’s mind, and that can ultimately lead to a not guilty verdict. The following are three of the most common DUI defenses an Illinois criminal defense lawyer may use.

Lack of Probable Cause

One of the most common defenses to a DUI charge is challenging the arresting officer's probable cause for the traffic stop and subsequent arrest. Law enforcement officers must have a valid reason to pull over a vehicle, such as observing a traffic violation or having reasonable suspicion that the driver is impaired. If the initial traffic stop was made without proper cause, any evidence obtained following that stop may be ruled inadmissible by the court. This can include the results of field sobriety tests, breathalyzer or blood tests, and the officer's observations of the defendant's behavior.

Reasonable suspicion is a key legal concept, especially in the context of a DUI traffic stop. In order for a police officer to pull over a driver on suspicion of DUI, they must have reasonable suspicion that the driver is under the influence of alcohol or drugs. Failure to establish this could result in suppressed evidence or charges being dismissed. If you have been arrested, contact a DUI attorney right away to ensure the facts of the case can be examined and the process of building your legal defense can begin. 

What You Need to Know

In the context of a DUI stop, reasonable suspicion may be established by a variety of factors, like out-of-control driving, excessive speeding, a broken taillight, driving too slowly, erratic lane changing, and more. These factors may be observed by an officer prior to initiating a traffic stop. Once a driver has been pulled over, an officer may take further action, such as administering field sobriety tests or requesting a breathalyzer test, based on their observations and assessment of the situation.

It is important to note that the police must have reasonable suspicion to pull someone over, not just a hunch or intuition. This means that there must be an objective basis for the officer’s belief that the driver is under the influence, and the facts and evidence must support this belief. If there was no reasonable suspicion to pull a driver over, any evidence collected during the stop may be suppressed. This means that the evidence cannot be used against the defendant in court, which may make it more difficult for the prosecution to secure a conviction.

In 49 out of the 50 U.S. states, the legal blood alcohol content limit is .08 percent. When an individual is caught driving with a blood alcohol content above this limit, they are considered to be driving under the influence and can face criminal charges. For commercial drivers, the limit is just 0.05 percent alcohol. The amount of alcohol that it takes to be over the legal limit varies from person to person. Many different factors affect BAC, including body weight, the amount of alcohol consumed, food consumption, and the rate of alcohol consumption. For some people, it may only take two or three drinks to be over the legal limit.

However, understanding when a person is legally intoxicated is not this straightforward. In some cases, a defendant may be charged with DUI even if their BAC was below the legal limit when they were initially stopped by law enforcement. This is because BAC can continue to rise after consumption while still in the body, leading to an increased reading when tested at a later time. This phenomenon is known as “rising blood alcohol,” and it is sometimes used as a defense for DUI cases in court.

Field sobriety tests are standard tests used to measure an individual’s balance, coordination, and cognitive abilities. They are usually administered by law enforcement officers to determine if a person is under the influence of alcohol or drugs. Despite their widespread use, field sobriety tests have come under question in recent years for their accuracy in determining intoxication.

If you or a loved one are facing charges for driving under the influence (DUI) after failing a field sobriety test, contact a DUI defense lawyer for help.

Common Field Sobriety Tests

The three main types of field sobriety tests are the walk-and-turn test, the one-leg stand test, and the horizontal gaze nystagmus (HGN) test.

In Illinois, the criminal and administrative penalties associated with drunk driving charges increase with each subsequent DUI offense. For example, many first-time DUI offenders are eligible for court supervision. However, individuals accused of drunk driving for the second time are not typically eligible for supervision. There are mandatory minimum penalties for second-time DUI offenders, including five days in jail or 240 hours of community service.

Defending yourself against DUI charges is especially important if you received a DUI in the past. If you or a loved one were arrested for drunk driving for the second time, make sure to contact an experienced DUI defense lawyer for help.

Second DUI Defense Options

When you are facing DUI charges, it is important to know that you have options. An experienced lawyer will be able to review the facts of your case and help you develop the best possible defense strategy for your situation. Some common defenses to DUI charges include: