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What Are Common DUI Defense Strategies?

Posted on in DUI Defense

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.

Lack of Reasonable Suspicion

In order to be pulled over by a police officer, the officer must believe that you are violating the law or are a danger to yourself or others. Violations warranting a traffic stop can include:

  • Speeding;
  • Improper lane changes; and 
  • Equipment violations.

In the event that you were pulled over without a valid reason, any evidence of intoxication obtained after the stop was made more than likely will be deemed inadmissible. It should be noted that DUI checkpoints are an exception to this rule, and no violation is required in order to request field sobriety testing in those situations. If you notice a DUI checkpoint, you are legally allowed to turn around and avoid the checkpoint, as long as the turn is executed without violating traffic laws. If a police officer pulls you over after you make a legal turn, your attorney can argue that you were unlawfully seized. 

False Signs of Impairment

In the instance of a DUI arrest, the officer must have probable cause to believe that you are under the influence of drugs or alcohol. These causes can include slurred speech, red eyes, or poor performance in a field sobriety test. In some cases, these signs of inebriation could be present due to other reasons:

  • If a driver is fatigued, their eyes may look red or glossy and they could display false signs of inebriation during a field sobriety test; and
  • Allergies could also be a cause of bloodshot eyes. 

An officer may falsely believe a driver is under the influence of alcohol or drugs due to physical conditions that impact their movement or speech. In some cases, a person that is falsely accused of being intoxicated will refuse chemical testing. In order to ensure that you do not lose your driving privileges, speak with your attorney immediately. 

Contact an Oak Brook DUI Defense Lawyer

When facing DUI charges, it is important to act quickly. Outside of the immediate legal consequences of a conviction, a person will also have the DUI on their permanent record, impacting their ability to secure employment, loans, and housing opportunities. At McMahon Law Offices, we will develop a comprehensive defense strategy aimed towards helping you avoid a conviction. If a conviction is unavoidable, we will assist you throughout the process of regaining your driving privileges. To schedule a consultation with an adept DuPage County criminal defense attorney, call us today at 630-953-4400. 

Sources 

https://www.cyberdriveillinois.com/publications/pdf_publications/dsd_a118.pdf

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K11-501.6

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