DUI Defense in Chicago
All police officers are required to comply with the U.S. Constitution, police procedures, and the law when making traffic stops. Failure to do so often means that a DUI charge should be dropped. Here are some common defenses criminal lawyers use for DUI charges in Illinois.
1. There was no reasonable suspicion to make a stop. Unless you were stopped a routine checkpoint that stopped vehicles in a lawful pattern (i.e., they stopped every third car, not just cars they wanted to stop), then an officer must have reasonable suspicion that a crime is or is about to be committed in order to pull you over. This includes minor traffic stops. Reasonable suspicion can come from an anonymous tip of unsafe driving, as long as the police officer personally verifies the erratic driving. An experienced criminal lawyer will be able to tell you if there was reasonable suspicion to make a stop.
2. No signs of intoxication. If there are no signs of intoxication once an officer pulls you over, then the officer cannot request that you take a Standardized Field Sobriety Test or that you submit to a breath test machine. In order to do so, the officer must have reasonable suspicion of intoxication. Reasonable suspicion of intoxication includes, but is not limited to, slurred speech, glassy eyes, the smell of alcohol, or admission of the use of drugs or alcohol by the driver.
3. Unlawful arrest. Sometimes, police officers pull a car over for a minor traffic infraction, such as a broken taillight, in the hopes of finding probable cause to arrest the driver for a driving under the influence offense. If the officer arrests you before such probable cause arises, then that arrest is unlawful. All evidence gathered after an unlawful arrest, such as evidence of intoxication, may be deemed inadmissible in court. It is not always clear when an arrest has occurred. A criminal attorney should review the facts of your case to determine if the police officer made an unlawful arrest.
4. Improperly scored Standardized Field Sobriety Tests. The National Highway Traffic Safety Administration recognizes that several mistakes that can occur while administering the SFST result in a failure of the test. These mistakes skew the results in favor of impairment and therefore cannot be relied upon to determine if someone committed a DUI offense.
5. An experienced attorney. Your best defense against a DUI charge is an experienced criminal attorney. There are many ins and outs of DUI defense. Each case is factually distinct and a good attorney will know how to best apply the facts of your case to the law in order to get you the best outcome possible. If you are charged with a DUI, the penalties can be severe. You should contact a skilled attorney as soon as possible to assist you with your defense.
Contact a DUI Defense Lawyer in Chicago
Contact criminal attorney Michael Schmiege today if you have been arrested for DUI in Illinois. Mr. Schmiege will provide an honest assessment of your case. Contact us today.