How Can I Get Out of a DUI in Illinois?

 Posted on July 09,2021 in DUI

In Illinois, being arrested and charged with driving under the influence of alcohol can lead to a range of criminal consequences and administrative penalties. Most first-time DUIs are punishable by fines up to $2,500, community service, a six-month driver’s license suspension, and mandatory alcohol education classes. Second and subsequent DUIs or DUIs involving aggravating circumstances are punished more harshly. Some DUI offenses can even lead to lengthy jail sentences. If you have been charged with drunk driving in Illinois, it is crucial that you work with a skilled DUI defense lawyer.

Possible Defenses Against DUI Charges

If you have been arrested and charged with a DUI, you are facing serious penalties and a permanent criminal record. However, it is important to remember that being charged with DUI is not the same thing as being convicted of DUI. In Illinois, criminal charges including drunk driving charges must be proven beyond a reasonable doubt. There are many different defenses that may be used to weaken the prosecution’s case against you, including:

• Lack of probable cause for the traffic stop – Police cannot simply pull someone over for no reason. To initiate a traffic stop, police must have “probable cause.” There must be sufficient evidence to suggest that the driver is committing some type of crime or traffic violation. Speeding, running a red light, drifting between lanes, and erratic driving may all constitute probable cause. However, if police cannot prove that they had a good reason to pull you over, any evidence gathered during the police stop may be inadmissible in your DUI proceedings.
• Problems with field sobriety tests - Horizontal gaze nystagmus tests, walk and turn tests, and other field sobriety tests are often used by police to evaluate a driver for signs of intoxication. However, many factors cause causes these tests to be inaccurate. Injuries, medical conditions, and even nerves can cause a sober person to fail these tests.
• Inaccurate BAC readings – Breath alcohol tests such as breathalyzer tests are designed to measure a person’s blood alcohol concentration (BAC). However, if the test is not properly maintained, cleaned, and calibrated, it will yield an inaccurate result. Even things like using mouthwash prior to the test or belching can lead to inaccurate results.

Contact a Naperville DUI Defense Lawyer

If you or a loved one were charged with driving under the influence, contact Aurora defense attorney Patricia Magaña for help building a robust defense against the charges. Call the Law Office of Patricia Magaña, LLC at 630-448-2001 for a free, confidential consultation.

Sources:

https://www.nhtsa.gov/sites/nhtsa.gov/files/documents/sfst_ig_refresher_manual.pdf