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Taking a Deeper Look at Possible DUI Defense Strategies 

Posted on in DUI Defense

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. 

False Signs of Inebriation

Law enforcement officials are trained to follow their instincts, but in some cases, a person can show false signs of inebriation. For instance, a driver with incredibly bloodshot eyes could be sleep-deprived, sick, or dealing with an allergy. A driver that shows motor skill deficiencies that would generally indicate inebriation could have a physical or neurological impairment that impacts their motor skills. It is critically important to speak with your attorney regarding all pertinent medical conditions as you review the details of your case. 

Contact an Oak Brook DUI Defense Lawyer 

At McMahon Law Offices, our team is dedicated to helping our clients avoid a conviction. When it comes to DUI cases, you need an attorney who will aggressively represent you in court. A DUI conviction can impact a person’s ability to land a job, secure a loan, and even lead to jail time. To schedule a free initial consultation with a DuPage County criminal defense attorney you can believe in, call us today at 630-953-4400. 



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