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IL DUI lawyerWhen a police officer suspects a driver of DUI, the officer has to gather sufficient evidence to support that suspicion. If the officer does not build a strong enough case, the driver cannot be charged with and eventually convicted of DUI.

What kind of evidence are we talking about? There are four kinds of evidence that can be used to support a DUI conviction. Specific rules apply to each type of evidence, including whether or not a driver can refuse to participate and what happens if the driver refuses.

1. Law Enforcement Observations

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Illinois DUI lawyer, Illinois defense attorneyDrivers who have had a few too many drinks before getting on the road pose a risk to themselves and others. Logically, police want to protect the community while also doing their job so they can provide for their families. In many cases, the field sobriety tests given at a stop are conducted illegally, regardless of intention. If the officer failed to adhere to the law and structure required to make a DUI stop or arrest, the integrity of the test becomes questionable. It is increasingly common for officers to wear or utilize video recording devices for a stop. This video evidence becomes useful in court.

Traditional FST Methodologies Are Inaccurate

Most of the commonly conducted field sobriety tests have been around for years, or decades. They say that if something is not broken, do not fix it. However, just because something is common practice does not make it right, either. The intention of the examinations is to determine impairment of psychomotor and cognitive functions. The theory is that if the individual is unable to follow directions and pay attention, they were not logically able to do so in a car. The three most frequent examinations are the “walk and turn,” the “one-legged stand,” and the "horizontal gaze nystagmus.” If any of the tests show any mistakes, notes claiming impairment go into the report. The pitfall of these tests is the situation in which the test is administered is not under normal circumstances. The surroundings and the experience cause adverse negative reactions, which also slow motor functions. The following factors have nothing to do with intoxication but can affect the results:

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