Chicago Criminal Lawyer Blog
Navigating Probable Cause Challenges in Illinois DUI Defense
When faced with a DUI charge in Illinois, understanding the concept of probable cause can be a pivotal aspect of your defense. Probable cause refers to the reasonable assumption, based on specific facts and circumstances, that someone has committed a crime. In DUI cases, this is crucial as it often dictates the legality of a traffic stop and subsequent arrest. Here, we explore how experienced DUI defense attorneys challenge the notion of probable cause to protect their clients’ rights.
Evaluating the Basis for the Traffic Stop
A fundamental step in challenging a DUI charge is scrutinizing the initial traffic stop that led to the DUI arrest. Defense attorneys rigorously assess whether the law enforcement officer had a valid reason to make the stop:
- Reason for Stop: Attorneys look at whether the stop was based on legitimate traffic violations such as speeding, erratic driving, or a vehicle malfunction such as a broken tail light.
- Officer Observations: Defense counsel will question the observations cited by the officer as indicators of impairment, such as slurred speech, the smell of alcohol, or visible alcohol containers.
Disputing Field Sobriety Test Procedures and Results
Field sobriety tests (FSTs) are commonly used by officers to establish probable cause for a DUI arrest. However, the validity of these tests can be effectively contested:
- Test Conditions: Defense attorneys may argue that environmental and road conditions were not conducive to a fair assessment during FSTs.
- Administration of Tests: The proper procedure for conducting these tests is strictly outlined. Any deviation from these standards can be used to discredit the results.
- Physical or Medical Conditions: Factors such as disabilities, injuries, or medical conditions that could impair the suspect’s ability to perform FSTs are brought to light to challenge the officer’s interpretation of impairment.
Challenging Chemical Test Procedures and Results
Beyond FSTs, chemical tests such as breathalyzers are used to establish probable cause. The accuracy and administration of these tests provide another avenue for defense:
- Breathalyzer Calibration and Maintenance: Defense teams will investigate the calibration records and maintenance history of the breathalyzer used, looking for lapses that could invalidate the results.
- Proper Administration: The procedure for administering a breathalyzer test has legal requirements that must be adhered to. Any procedural mistakes can lead to challenges against the reliability of the test results.
FAQs About Challenging DUI Evidence
What is probable cause in the context of a DUI arrest?
Probable cause in a DUI context involves reasonable belief based on objective circumstances that a person was driving under the influence of alcohol or drugs.
Can I challenge the officer’s observation as a basis for a DUI stop?
Yes, if the observations noted by the officer can be shown to be inaccurate or misinterpreted, they can be challenged to contest the legality of the stop.
What if the field sobriety tests were conducted in poor conditions?
Poor conditions can impact the accuracy of FST results. If it can be demonstrated that conditions like uneven pavement or poor lighting affected the results, this can be used to challenge the evidence.
How can a breathalyzer test be inaccurate?
Breathalyzer inaccuracies can stem from improper calibration, faulty maintenance, or operator errors. These factors can be scrutinized to dispute the test’s reliability.
What should I do if I believe my DUI stop was unjustified?
Contact a qualified DUI defense attorney who can assess the details of your case and explore avenues to challenge the evidence based on probable cause.
Contact The Law Offices of David L. Freidberg 24/7/365 at (312) 560-7100 or toll-free at (800) 803-1442 For Your FREE Consultation
If you are facing criminal charges, don’t face it alone. Contact The Law Offices of David L. Freidberg for skilled legal assistance. With decades of experience and a commitment to protecting your rights, we offer a free consultation 24/7 at (312) 560-7100 or toll-free at (800) 803-1442. We serve clients throughout Chicago, Cook County, DuPage County, Will County, and Lake County in Illinois. Let us help you navigate the legal system and fight for your future.
