Articles Tagged with Illinois DUI Cases

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.

The Significance of BAC in DUI Prosecutions

In Illinois, as in other states, driving under the influence (DUI) charges are taken very seriously. Central to most DUI cases is the measurement of Blood Alcohol Concentration (BAC), which quantifies the amount of alcohol in a person’s bloodstream. The legal BAC limit for drivers in Illinois is 0.08%. A measurement above this threshold typically forms the cornerstone of the prosecution’s case, often leading to a presumption of impairment.

The importance of BAC evidence cannot be overstated. It directly influences the legal process from the initial arrest and charges to the court proceedings and the final outcome. However, despite its critical role, BAC evidence is not infallible. Various factors can affect the accuracy of BAC testing, providing potential avenues for challenging such evidence in court.

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