In Illinois, a DUI conviction can be a serious offense. However, there are many ways to defeat a DUI charge. Below is a non-exhaustive list of the most common ways to avoid a conviction following a DUI arrest:
1. The DUI Was a Result of an Illegal Stop
A driver cannot be stopped by a police officer for any arbitrary reason. In order for a stop to be legal, an officer has to reasonably believe that the driver has violated a traffic law in order to pull him or her over. If you are pulled over unlawfully, any evidence gathered by the officer as a result of that stop is illegally obtained and cannot be presented in court, including any evidence pertaining to a DUI charge.
2. There Was an Illegal Search Performed
The law states that police officers are prohibited from searching a driver's vehicle following a stop for a minor traffic violation, and any evidence obtained in such a search is inadmissible.
3. The Officers Had a Lack of Probable Cause to Arrest the Person
A police officer must have probable cause in order to arrest a person, or else any evidence obtained will be suppressed at trial. Probably cause is commonly defined as "a reasonable belief that a person has committed a crime."
4. The Field Sobriety Test or Breath Machine Was Improperly Administered
If a field sobriety test is not administered properly, the test results are not valid evidence of intoxication. In addition, portable breath tests require two independent tests as demanded by the manufacturers. Finally, breath machines require specific protocols be followed in order for the readings to be accurate. If any of these tests are improperly administered, the results can be challenged and ultimately suppressed in court.
5. Inaccurate Testing of Blood Alcohol Level
Police and machine testing of blood alcohol levels has been notoriously inaccurate, sometimes being inaccurate by as much as 25%. Specific training and procedures need to be followed by the testing officer or else such evidence could be inadmissible in a trial.
6. Bad Weather or Other Circumstances Contributed to Poor Driving
High winds, precipitation, iciness, low visibility, and other bad weather can be a valid cause of poor driving or balance resulting in your arrest.
7. Preexisting Medical/Health Problems Caused Poor Field Sobriety Results
If a driver has a preexisting medical condition or health problem preventing him from driving or performing the sobriety tests effectively, this evidence could be used in court to refute a police officer's claims of intoxication.
8. Misleading or Inaccurate Statements by Police Officers
Any misleading or inaccurate statements by the officers describing the driver's testing or refusal to submit to testing will result in the suspension being reversed and removed from the driver's record.
9. Officer's Failure to Read Individuals His/Her Miranda Rights
If a driver is not notified of his or her rights, any subsequent comments or evidence can be suppressed from court and cannot be used against the driver.
10. Use of Expert and Independent Witnesses
Expert witnesses can be used to refute the results of blood, breath, and field sobriety tests. Independent witnesses, such as bartenders, hospital personnel, and others can testify to support the driver's sobriety.
Contact Hubeny & Zaba, L.L.C. today at (630) 455-0500 to schedule a free consultation with one of our experienced DUI attorneys to review your case. You can also find us on the web at http://www.westmontattorneys.com.
Hubeny & Zaba, L.L.C. is a law firm located in the Chicagoland area, specializing in Real Estate, DUI Defense, Corporate Law, Divorce, Bankruptcy, and Estate Planning. Check us out on the web at http://www.westmontattorneys.com. Please feel free to contact us with any questions or to discuss representation.
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