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What Are the Most Effective Defenses Against a DUI Charge?

Posted on in DUI Defense

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. 

Sources:

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

DuPage County Bar Association Top 100 Illinois State Bar Association AVVO Rating Illinois Prosecutors Bar Association AVVO Reviews
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