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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. 

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Illinois DUI lawyerA drink or two of alcohol can be a great way to spend time with family and friends. In order to ensure the best quality of life possible, it is best to decide how to safely navigate traveling from the social gathering back home. If caught drinking and driving, the person affected may face very serious consequences, especially if he or she fails to submit to a chemical field sobriety test. If the person actually fails a field sobriety test, once submitted, then he or she may face charges as well.

Consequences of Refusing to Submit to Chemical Testing

Refusing to submit to a field sobriety test or chemical testing can end in unwanted consequences. If the person commits a first offense of refusing to submit, then he or she will lose driving privileges for one year. However, the offender may be eligible for driving relief and will be given a Monitoring Device Driving Permit. Once the person is issued the MDDP, then he or she will only be allowed to operate vehicles with the Breath Alcohol Ignition Interlock Device installed, unless exempted by employment, and the offender must comply with all MDDP rules and pay all BAIID fees.

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