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Challenging a DUI Charge in Illinois: Common Defense Strategies

Driving under the Influence (DUI) is a serious charge. It carries severe consequences, including license suspension, fines, and even jail time. However, a DUI charge does not automatically mean the case is closed. Individuals can successfully challenge a DUI charge by employing a range of legal defenses. It is important for drivers to be aware of their rights when facing a DUI charge.

A skilled criminal defense attorney can help you navigate the complex nature of DUI defense. If you or someone you know is facing a DUI charge in Illinois, understanding these common defense strategies can provide insight into possible avenues for fighting the charges. Liberty Law can assist you in creating and navigating an effective defense. 

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Challenge the Legality of the Traffic Stop

Defendants may want to challenge the legality of the traffic stop. According to the Standford Open Policing Project, approximately 20 million traffic stops occur annually in the United States. A skilled lawyer can determine whether a stop was legal or violated the defendant’s civil rights. 

The Fourth Amendment protects citizens from unreasonable searches and seizures. Police must have a valid reason for pulling over drivers. In Illinois, law enforcement officers must be reasonably suspected of illegal activity, such as speeding, swerving, or running a red light, before they can stop a vehicle. If the stop is unlawful, any evidence collected after the stop, including results from a breathalyzer or sobriety tests, may be inadmissible in court. Attorneys can recognize issues of legality and help you challenge the DUI charge in court.

Questioning the Accuracy of Field Sobriety Tests

The National Highway Traffic Safety Administration created a standard for field sobriety tests which include the walk-and-turn, one-leg stand, or eye movement test. The tests assess whether a driver is impaired. The tests, however, are not foolproof. Skilled attorneys can challenge the tests on several grounds. The preexisting health conditions of the driver, poor weather conditions, uneven surfaces, and improper instructions may all lead to faulty results. 

Questioning the Accuracy of Breathalyzer Tests

Breathalyzer tests are commonly used to measure blood alcohol concentration but they are not always reliable. Breathalyzer accuracy is affected by multiple factors including: 

  • The device was calibrated improperly. 
  • The office administered the test incorrectly causing inaccurate results. 
  • There was interference from substances like mouthwash, medications, or even certain foods.

Breathalyzer machines used by Illinois officers must be regularly maintained and calibrated according to strict guidelines. If the machine is not properly maintained, an attorney could build a defense around poor maitenance or poor training.

Illinois requires officers follow strict protocols when administering breathalyzer or blood tests. If these protocols are not followed correctly, any evidence obtained from the tests could be deemed inadmissible in court.Illinois law requires officers observe the driver for at least 20 minutes before administering a breathalyzer to get an accurate reading. Burping, vomiting, or putting anything into your mouth can actually lead to inaccurate results.  It is often an effective strategy to challenge the results of a breathalyzer and a skilled DUI lawyer can argue this defense on your behalf. 

Next Steps

DUI charges in Illinois are serious, but potential defendants still have options. The cases can be challenged and won. Skilled attorneys can question the accuracy of tests and present evidence of medical conditions or improper procedures. If you are facing a DUI charge, please contact us or call (630) 449-4800. A skilled criminal defense attorney can assist you with your specific situation.