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Identifying Police Missteps During a DUI Stop 

Posted on in DUI Defense

Identifying Police Missteps During a DUI Stop According to the Illinois Secretary of State’s Office, over 26,000 people were charged with driving under the influence of drugs or alcohol throughout 2018. With law enforcement officials constantly on the lookout for inebriated drivers, it is fair to say that anyone can be pulled over for a DUI traffic stop. One of the most important steps you can take in preparing for the possibility of a DUI stop is understanding your rights throughout the entirety of the process. Unfortunately, it is common for law enforcement officials to overstep their legal parameters in the hopes of making an arrest. If you have been charged with driving under the influence, it is time to seek out the help of an attorney. 

Law Enforcement Negligence 

When a police officer pulls you over, it is important to begin identifying their behavioral patterns, from the beginning of the interaction. If the police officer is behaving in an aggressive or agitated manner, this information could be critical to your attorney’s defense strategy. If the acting officer demands that you take part in chemical testing and refuses to take no for an answer, they are violating Illinois state law. Although you will face an automatic 12-month driving suspension for refusing to take part in chemical testing, you are not legally obligated to do so. 

If you do take part in any form of chemical testing, most commonly a Breathalyzer test, it is still possible that the officer has acted in a negligent manner. If the officer fails to film the testing, the evidence gained from the test will likely be deemed inadmissible in court. The officer is also obligated to ask you to clear your mouth of any gum or other substance that could lead to an inaccurate test. Failure to inform you to clear your mouth could also result in an inadmissible test result. 

If you are ultimately arrested after the traffic stop, it is important to keep a watchful eye out for officer negligence. The most common form of law enforcement oversight during an arrest is the failure to read the arrested party their Miranda warnings. If the officer fails to do so, anything you say throughout the arrest process will also likely be deemed inadmissible in the court. 

Contact an Oak Brook DUI Defense Attorney 

If you have been charged with driving under the influence, you need to work with an attorney you can trust. At McMahon Law Offices, we pride ourselves on our ability to develop comprehensive defense strategies to avoid a conviction. Your ability to recount the traffic stop and arrest process can be paramount to our success in court. To schedule an initial consultation with a knowledgeable and collaborative DuPage County criminal defense attorney, call us today at 630-953-4400. 



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