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Exploring Common DUI Defenses 

Posted on in DUI Defense

Exploring Common DUI Defenses If you are charged with driving under the influence, it is important to understand the legal ramifications of a conviction. In Illinois, over 26,000 DUI arrests were made throughout 2018, and the consequences of a DUI can be significant. A first conviction constitutes a Class A misdemeanor, which includes a one-year license revocation period. It should be noted that there are a number of aggravating factors that can result in an increase in the severity of the charges. Fortunately, there are several ways in which a skilled attorney can fight against a DUI charge

Common DUI Defenses

After you have been arrested on DUI charges, it is important to act quickly. The most important step you can take is hiring an attorney with experience in handling DUI cases. Once your attorney is hired, the two of you should review the events that lead up to the arrest process. One of the strongest defenses an attorney can use is an improper stop defense, which essentially argues that the officer lacked reasonable suspicion to warrant a traffic stop. For instance, if an officer pulled you over simply due to the fact that it was late at night, an improper stop defense would likely be utilized. 

In other instances, an attorney will pursue a defense based on a field sobriety test or Breathalyzer test. A field sobriety test could indicate that a sober person is intoxicated if the person has medical conditions related to their balance or motor skills. A horizontal gaze nystagmus test, which looks at the eyes for signs of inebriation, could be inaccurate if the person has a medical condition related to eye function or appearance. In cases in which a breath test is used, it is possible that the Breathalyzer could have malfunctioned, leading to an inaccurate test. 

While a DUI charge may seem impossible to fight, there is a multitude of defenses that can be used to avoid a conviction. Your ability to take your attorney through the arrest process will be critical to developing a compelling defense.  

Contact an Oak Brook DUI Defense Attorney

At McMahon Law Offices, we fully understand the way in which a DUI conviction can impact a person’s life. Outside of the legal consequences, a conviction can come with significant fines, temporary loss of driving privileges, and rises in insurance rates. Recognizing the impact of a conviction, we are prepared to do everything in our power to help our clients avoid a conviction. If a conviction is unavoidable, we will minimize the penalties and guide you through the license reinstatement process. To schedule a complimentary initial consultation with a skilled DuPage County criminal defense attorney, contact us today at 630-953-4400. 

Sources:

https://www.cyberdriveillinois.com/publications/pdf_publications/dsd_a118.pdf

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