Articles Tagged with DUI defense attorney

Orland Park, located just outside of Chicago, Illinois, is a vibrant community known for its suburban appeal, family-friendly environment, and proximity to the city. However, like anywhere else, residents and visitors to Orland Park are subject to strict DUI laws. As a DUI defense attorney with extensive experience representing clients throughout the Chicago metro area, I understand the serious consequences a DUI conviction can bring. In this article, I will explore the specifics of DUI law in Illinois, the types of evidence commonly used in DUI cases, and why it is crucial to have a dedicated defense attorney by your side.

DUI Law and Statutes in Illinois

Illinois has a comprehensive legal framework governing DUI offenses, outlined in 625 ILCS 5/11-501. Under this law, it is illegal to operate a motor vehicle while under the influence of alcohol, drugs, or a combination of both. The legal BAC limit for most drivers is 0.08%. For commercial drivers, the limit is lower at 0.04%, and for drivers under the age of 21, any amount of alcohol in the system can result in a DUI charge under Illinois’ zero-tolerance policy.

When facing DUI charges in Illinois, breathalyzer results are often perceived as the most damning evidence. However, experienced DUI attorneys know that these results are not always as definitive as they seem. I will now outline the strategies lawyers use to challenge breathalyzer evidence, potentially leading to these results being excluded from court proceedings.

Examining the Breathalyzer’s Reliability

Calibration and Maintenance Issues: One of the first angles a defense attorney will explore is whether the breathalyzer was properly calibrated and maintained. Illinois law requires regular calibration and maintenance records to be kept for each device. Attorneys will request these records to ensure all procedures were followed. If lapses in maintenance or calibration can be shown, it casts doubt on the reliability of the test results.

Field sobriety tests recorded on video are often presented as key evidence in DUI cases. However, video footage doesn’t always provide the full picture of what occurred during a traffic stop, and DUI attorneys in Illinois have a variety of strategies to prevent this footage from being used in court. The following sections outline key approaches that may be employed to challenge and exclude video evidence of field sobriety tests in Illinois.

Examining the Validity of the Traffic Stop

A vital step in suppressing video evidence of field sobriety tests involves evaluating whether the traffic stop was legally justified. If law enforcement initiated the stop without reasonable suspicion, any evidence gathered, including video of field sobriety tests, may be inadmissible in court.

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