It is easy to feel hopeless after a DUI arrest. The entire experience is designed to get you to provide the arresting officer with evidence supporting his or her assertion that you are intoxicated—and to make you feel like you’ve got no option but to plead guilty. From the moment you are pulled over, the police officer is asking you questions—not to determine where you’re headed or what you’ve been up to tonight, but rather to observe your response and gather evidence.
In addition, the police will invariably inform you that you will lose your license if you do not agree to blow into their little machine—which may be true. In reality, there are ways that you can challenge the statutory summary suspension of your license and keep driving while your DUI case is pending. Of course, the police don’t tell you this—again, in an effort to get you to provide them with more evidence that supports their assertion that you are intoxicated.
It is important to understand that the stakes are extremely high in a DUI case—even a first-time offense can result in up to a year in jail and a fine of $2,500. Fortunately, with the assistance of an attorney, there is a good chance that your case will be resolved with a much more favorable outcome than the maximum sentence available. To schedule a free consultation with a DUI defense lawyer serving DuPage, Cook, and Kane Counties, call us today at (630) 474-8000.
There May Be Defenses Available in Your Case
As mentioned above, after the experience of a DUI arrest, it is easy to feel like there’s nothing to do but admit guilt. It is important to understand, however, that there are often legal defenses available, even in the most seemingly strong cases. In fact, in some cases, you may be able to avoid a conviction even if you blew into the Breathalyzer or even admitted to being intoxicated. Here are some of the most commonly raised DUI defenses in Illinois:
- Challenging the validity of the initial traffic stop – Police are not allowed to go around stopping and questioning anyone they want for any reason. In order to perform a traffic stop, they are required to have reasonable suspicion that a crime is being or recently has been committed. If the police person who pulled you over is unable to articulate the facts that gave him or reasonable suspicion, it may be possible to have any evidence gathered during the traffic stop suppressed, meaning that it can’t be used against you.
- Introducing evidence that the Breathalyzer used in your case was improperly calibrated – In order for a Breathalyzer test to provide accurate results, it must be calibrated property. If your lawyer can show that it was not correctly calibrated (or that there is no evidence showing that it was correctly calibrated), the results could be deemed inadmissible in court.
- Showing that you have a medical condition that could result in higher–than-accurate Breathalyzer results – There is evidence to suggest that conditions like gastroesophageal reflux disease, hiatal hernia, and acid reflux can result in inaccurately high Breathalyzer results. This is because these conditions can cause alcohol in your stomach to enter your mouth. Breathalyzer machines are designed to use the amount of alcohol in a person’s lungs to determine their blood alcohol content, and mouth alcohol can affect the results of the test. As a result, if you have a medical condition that could cause the contents of the stomach to come back into the mouth, it may cast doubt on the reliability of any testing that was performed.
- Establishing that the officer who performed field sobriety testing did not have sufficient training or experience to determine that you were intoxicated – Accurately determining whether a person is under the influence of drugs or alcohol requires training and experience. Showing that a police officer did not have sufficient experience or training (or failed to follow certain procedures during field sobriety testing) could cast doubt on the accuracy of his or her testimony regarding your sobriety.
In cases in which the evidence is strong and the police followed the required procedures, it may be in your best interest to take a plea bargain. This involves pleading guilty to the DUI charge in return for the prosecutor recommending the judge impose a fairly lenient sentence. In some cases, an experienced lawyer may be able to convince the prosecutor to recommend that you be sentenced to court supervision, which is a best-case scenario. If you successfully complete court supervision, it will prevent a conviction from being entered on your record.
Court supervision typically involves drug and alcohol testing, the requirement that you attend a Victim Impanel, community service, fines, avoiding further criminal charges, and complying with other conditions set by the court. Importantly, a sentence of court supervision is completely at the discretion of the judge, which means that there is no guarantee you will get it even if you are eligible and have no other prior criminal record. For this reason, it is critical that you retain an attorney who will present your case to the judge and prosecutor in the best light possible.
Accused of Drunk Driving? Call Us Today to Schedule a Free Case Evaluation with a DuPage, Cook, and Kane County Criminal Defense Lawyer
If you’ve been arrested for DUI in Illinois, there may be defenses available that could result in your case being dismissed. At the very least, the assistance of an attorney will almost certainly mitigate the consequences you are facing as a result of your arrest.
At Kent Law, L.L.C., we are former prosecutors who know how the other side thinks. As a result, the representation and counsel we provide is designed to get results and help you move on with your life with as little disruption as possible. To schedule a free consultation with one of our lawyers, call our office today at (630) 474-8000 at any time of the day or night. We serve the western suburbs in DuPage and Cook Counties, including Wheaton, Naperville, Warrenville, Batavia, Aurora, Villa Park, Glen Ellyn, Addison, Downers Grove, Bensenville, Elmhurst, Carol Stream, Oak Brook, Oak Brook Terrace, Itasca, Lisle, and Glendale Heights.