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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 the Most Effective Defenses Against a DUI Charge?In the state of Illinois alone, just under 30,000 DUI arrests were made throughout 2018. Reacting to an arrest and the fact that you are facing DUI charges can be difficult and frightening. While law enforcement officials and prosecutors will make you believe that fighting against a DUI charge is a virtual impossibility, there are a number of effective defense strategies in DUI cases. If you are facing DUI charges, you need the assistance of an attorney that will do everything in their power to help you avoid a conviction. 

Potential DUI Defense Strategies 

If convicted of a DUI, an offender can face Class A misdemeanor charges, significant fines, and even potential jail time. Recognizing the severity of a conviction, you need an attorney that will fight diligently to have the charges dropped. Below, we will explore a few of the most effective defense strategies used in DUI cases. 

  1. Improper Stop: An improper stop is one of the most common defenses used in DUI cases. Essentially, the law states that a police officer cannot pull over an individual unless they have reasonable suspicion to believe the individual has committed a crime. If you are the only driver on the road very late at night, an officer cannot pull you over due to a hunch that you may be inebriated. If your attorney can prove that you were not breaking any traffic laws, such as driving over the speed limit, swerving from lane to lane, or failing to use a turn signal, all evidence gained after the initial stop will be deemed inadmissible. 
  2. Police Oversight or Negligence: After a police officer pulls you over, their actions will in large part determine the outcome of the case. In some cases, police officers will act in a negligent or reckless manner and lead to the case being thrown out in court. First and foremost, if an officer fails to follow all testing procedures or uses disrespectful or intimidating language towards you, the evidence may be suppressed. Police oversight can also occur after you have been taken into custody. Improper storage or handling of blood alcohol samples can lead to the samples being tainted. It is also important to note that if an officer neglects to read you your Miranda warning after the arrest, any evidence gained after the fact cannot be used.  
  3. False Signs of Impairment: It is also possible for false signs of impairment to lead to an arrest and subsequent DUI charge. For instance, a person can be asked to take part in a field sobriety test in unstable footwear or in inclement weather and show false signs of inebriation. It is also possible for medical conditions to showcase symptoms that could be viewed as signs of impairment. For instance, a medical condition that causes slurred speech could lead to an officer believing you are impaired. In the aftermath of the arrest, speak with your attorney immediately and go over every step of the arrest process. 

Contact an Oak Brook DUI Defense Attorney 

At McMahon Law Offices, we understand how drastically a DUI conviction can change a person’s life. Because of this, we will do everything in our power to fight against a conviction. After walking through the events that lead to your arrest, we will develop a comprehensive defense strategy. Facing a DUI charge can be frightening, but do not face it alone. To schedule a free initial consultation with a knowledgeable DuPage County DUI defense lawyer, call us today at 630-953-4400. 

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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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