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DuPage County criminal defense attorneysIf you or a loved one are stopped for a traffic violation and suspected of driving under the influence (DUI) of drugs or alcohol (or for any other criminal offense), you will have several opportunities to make it either easier or more difficult for the police to gather evidence and the District Attorney to nail you with a “guilty” verdict. Remember, the goal of the police is to find evidence of your guilt.

Here are some tips to protect yourself against common police tactics related to vehicle searches, which are purposely employed to intimidate, mislead, or lure you into self-incrimination.

If Police Ask to Search Your Car Without Probable Cause, You Can Refuse

If you are stopped on a traffic violation, that does not give the police an automatic right to search your car.

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Illinois DUI defense lawyerIn Illinois, if a driver’s blood-alcohol content (BAC) measures .08 or higher, they are automatically deemed guilty of driving under the influence of alcohol. Under the law, a driver is assumed to be too impaired to drive when their BAC is .08 or higher. However, you should be aware that, under certain circumstances, Illinois drivers can be penalized for drinking and driving with a BAC below .08.

Four Ways You Can Be Penalized for Driving with a BAC Below .08

Scientific studies have shown that alcohol begins to affects your judgment and reaction time starting from the first drink, well before your BAC reaches the .08 level. Therefore, some types of drivers are held to a stricter standard for highway safety reasons. Illinois law defines four ways you can be charged with DUI or otherwise penalized for driving with even a very low level of alcohol in your system.

While driving a personal vehicle, you could be charged with DUI if your BAC tests higher than .05 but less than .08. However, in this situation, in order for you to actually be convicted of DUI, the police must present other convincing evidence that you were actually too impaired to drive safely. The arresting officer would have to testify, for example, that you were driving erratically, failed field sobriety tests, and/or admitted to consuming other types of intoxicants in addition to alcohol.

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