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Taking a Deeper Look at Possible DUI Defense Strategies When a person is charged with driving under the influence of drugs or alcohol, it is not uncommon for them to feel as though their life will be changed forever. The ramifications of a DUI conviction can be significant, but just because someone has been charged with a DUI does not mean they will necessarily be convicted. Many people assume that fighting against a DUI charge is incredibly difficult when in all reality there are a number of effective defense strategies that can be used when a client is facing DUI charges. If you have been charged with driving under the influence, it is time to speak with an attorney you can believe in. 

An Improper Stop

A police officer must have just cause for pulling you over on suspicion of driving under the influence. In other words, an officer cannot simply pull a person over because of their instincts telling them that the driver may have been drinking. If your attorney can prove that the officer did not have reasonable suspicion for pulling you over, the traffic stop could be defined as an illegal search and seizure, making all evidence gained after the initial stop inadmissible. Your attorney may rely on witness testimony and surveillance footage to prove that the officer improperly stopped you. For instance, if a police officer states that you were recklessly swerving and surveillance footage can prove that you were driving responsibly, the charges could be dropped. 

Inappropriate Police Behavior

Some of the most common DUI defense strategies are centered around police missteps. Being a police officer comes with an incredible amount of responsibility, but that authority does not give them the right to act as though they are above the law. If a police officer attempts to intimidate or scare you into chemical testing, they are acting illegally. If an officer states that not participating in chemical testing is a criminal offense, they are making a false statement regarding Illinois state law and acting negligently. If an officer does not read you your Miranda warning in a timely fashion, all statements made in response to questions after your arrest will be inadmissible. When it comes to chemical testing, law enforcement officials have to follow a strict protocol, and failure to adhere to that protocol can result in an inadmissible test. 

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What Are Common DUI Defense Strategies?When a person is convicted of driving under the influence of alcohol, the legal implications of the conviction can be significant. If convicted, a first-time DUI offender could face up to one year in prison, fines as high as $2,500, and a license revocation of one full year. Recognizing the potential life-changing ramifications of a conviction, it is critically important to seek out legal assistance if you are facing drunk driving charges. Through a number of defense strategies, a quality attorney may be able to help you avoid a conviction. Below, we will examine some of the most common and effective DUI defenses. 

Police Misconduct 

When a police officer pulls you over and arrests you on suspicion of DUI, they must follow a specified protocol throughout the arrest proceedings. Failure to adhere to this protocol could be grounds to have evidence thrown out. According to state and federal law:

  • if you are suspected of driving under the influence and are taken into police custody, police are required to give you Miranda Warnings prior to questioning; and
  • Prior to administering a chemical test, an officer is required to warn you that refusal to submit to testing or failing the test may result in loss of driving privileges.

Testing results and incriminating statements may be inadmissible in court if the officer fails to follow these procedures.

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