Chicago Criminal Lawyer Blog
Unveiling the Complexities and Defending Your Rights
As a seasoned Chicago DUI defense attorney with years of experience defending Chicago DUI cases, I understand how critical it is to scrutinize every piece of evidence the prosecution brings to the table. One of the most common tools used in DUI arrests is the breathalyzer. While it’s a widely accepted method for determining blood alcohol content (BAC), the accuracy of these devices can be questionable. In this discussion, I’ll break down the issues surrounding breathalyzer accuracy and illustrate why having a knowledgeable attorney can make a decisive difference in your DUI case.
Understanding Breathalyzer Accuracy
Breathalyzers are designed to measure the amount of alcohol in your breath, thereby estimating the concentration of alcohol in your blood. However, several factors can affect the reliability of these readings, leading to potential inaccuracies:
- Device Calibration and Maintenance: Illinois law requires that breathalyzers must be calibrated and maintained regularly to function correctly. Failure to adhere to these requirements can lead to incorrect readings.
- Operator Error: The accuracy of a breathalyzer test can also depend on how the test is administered. Improper administration by law enforcement can skew results.
- Physiological Factors: Individual factors such as a person’s metabolism, medical conditions, and even dietary patterns can influence breathalyzer results.
Legal Implications of Breathalyzer Inaccuracies
In Illinois, if you’re charged with a DUI based on a breathalyzer test, the consequences can be severe. Penalties range from loss of driving privileges and hefty fines to possible jail time, especially if it’s not your first offense. Under 625 ILCS 5/11-501, Illinois sets strict guidelines for DUI offenses, and the results of a breathalyzer test are often a significant component of the prosecution’s case against you.
How an Attorney Can Challenge Breathalyzer Results
When you bring me on board to defend against a DUI charge, my first step is often to scrutinize the breathalyzer evidence. Here’s how I can help:
- Evaluating Calibration Records: I’ll review the maintenance and calibration records of the breathalyzer used in your case to ensure compliance with state regulations.
- Assessing Test Administration: I’ll investigate whether the test was administered correctly and whether the officer handling the test had the proper training and certification.
- Exploring Medical and Dietary Defenses: If you have medical conditions or were on a specific diet that could have affected the breathalyzer results, these factors can be used as part of your defense.
- Independent Testing: If necessary, we can consider arranging for an independent blood test to counter the breathalyzer results presented by the prosecution.
The Difference a Private Attorney Makes
Hiring a private attorney provides several advantages in DUI cases:
- Focused Attention: Unlike public defenders who may be juggling numerous cases, I can give your case the focused attention it deserves.
- Experience and Specialization: With extensive experience in challenging DUI cases, I bring a wealth of knowledge about potential pitfalls in breathalyzer tests and other DUI evidence.
- Negotiation Skills: If the evidence against you is strong, I can negotiate for reduced charges or alternative penalties like probation or DUI education programs, which can help keep you out of jail and reduce the long-term impact on your record.
Protecting Your Future
A DUI charge can have significant repercussions on your life, affecting everything from your driving privileges to your job prospects. Effective legal representation is crucial to navigate these challenges and ensure the best possible outcome.
Call to Action
If you’ve been charged with a DUI in Illinois and are concerned about the accuracy of the breathalyzer test, don’t hesitate to seek expert legal assistance. Contact me, David Freidberg, at The Law Offices of David L. Freidberg. We understand the stakes and are ready to provide the skilled representation you need. For a free consultation, call us at (312) 560-7100 or toll-free at (800) 803-1442.
Frequently Asked Questions About DUI Breathalyzer Tests in Illinois
How often do breathalyzers need to be calibrated in Illinois?
In Illinois, breathalyzers must be calibrated at least once every 62 days to ensure their accuracy. Failure to meet this requirement can be a strong point in challenging the results.
Can medical conditions affect breathalyzer results?
Yes, certain medical conditions like diabetes or gastroesophageal reflux disease (GERD) can affect breathalyzer results. These conditions can produce substances in the breath that are mistakenly read as alcohol by the device.
What should I do if I think my breathalyzer test was inaccurate?
If you believe your breathalyzer test result was inaccurate, it’s crucial to contact a defense attorney immediately. An attorney can help you gather evidence and expert testimony to challenge the results.
Is it possible to refuse a breathalyzer test in Illinois?
While you can technically refuse a breathalyzer test in Illinois, doing so has immediate consequences, including an automatic suspension of your driver’s license. It’s important to discuss this option with an attorney before deciding.
Can breathalyzer inaccuracies be used to dismiss a DUI charge?
Yes, if it can be proven that the breathalyzer was significantly inaccurate or malfunctioning, it may be possible to have the DUI charges reduced or dismissed. However, this requires a thorough legal examination of the evidence.
What are the penalties for a DUI conviction in Illinois?
Penalties for a DUI in Illinois can include suspension or revocation of your driver’s license, fines, and jail time, especially for repeat offenses. The severity of the penalties typically increases with the number of offenses.
Contact Us For Your Free Consultation
If you are facing DUI charges in Chicago, Illinois, don’t face it alone. Contact The Law Offices of David L. Freidberg for skilled legal assistance. We offer a free consultation when you call us at (312) 560-7100 or toll-free at (800) 803-1442. Our firm serves clients in and around Chicago, including Cook County, DuPage County, Will County, and Lake County. Let us help you fight for your future.
