Madelyn Daley
Attorney at Law

US Local 618-509-9724

A DUI charge doesn't guarantee conviction

Many people who are arrested for driving under the influence are concerned about having a conviction on their criminal record. However, there are many ways to have the charges dismissed. A criminal defense attorney in your area can inform you on possible defense strategies you can use to potentially have your charges dismissed.

One common defense strategy used in Illinois DUI cases is establishing that the traffic stop was invalid. When an officer stops your vehicle, the law requires that the officer has reasonable suspicion that you or your vehicle was involved in a crime of some kind. In most cases, that means the officer observed you violating a traffic law (e.g. speeding, running a stop sign) or observed a mechanical violation (e.g. broken taillight) on your vehicle. However, if an officer stopped you without reasonable suspicion, they have violated your Fourth Amendment rights and the traffic stop will be considered unlawful. That means that your attorney can file a motion to exclude any evidence of your intoxication that was gathered during the unlawful stop.

Another common DUI defense used is establishing the field sobriety test and/or chemical test results were inaccurate. Field sobriety tests, including the horizontal gaze nystagamus, the walk and turn, and the one-leg stand, can be difficult to administer properly and the results may be affected by various factors. For example, if the driver was wearing high heels or was asked to do the walk and turn test in an area with poor lighting or uneven sidewalks, they may fail the test for reasons unrelated to their level of intoxication. With regards to chemical tests, such as Breathalyzers, devices that are improperly calibrated or maintained can yield inaccurate results. Your attorney will carefully go through all test results and possibly challenge the accuracy of the results in court.

With the right defense strategy, it is very possible to have your DUI charges dismissed entirely. A criminal defense attorney can review your case and advise you on how to proceed.

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