Chicago Criminal Lawyer Blog
Driving under the influence (DUI) is a serious offense in Chicago, Illinois, and can lead to severe legal consequences. However, being charged with a DUI does not automatically mean a conviction. Various defenses can be employed to challenge the charges and potentially reduce or dismiss them. As an experienced DUI Attorney in Chicago, I will now explain some of the most common defenses to a DUI in Chicago.
Invalid Traffic Stop
One of the most effective defenses against a DUI charge is challenging the validity of the traffic stop. Law enforcement officers must have reasonable suspicion or probable cause to stop a vehicle. If the officer did not have a valid reason to initiate the stop, any evidence obtained afterward may be inadmissible in court. For instance, if the officer pulled you over without observing any traffic violations or erratic driving, the stop might be deemed unlawful.
Faulty Breathalyzer Test
Breathalyzer tests are commonly used to measure a driver’s blood alcohol concentration (BAC). However, these devices are not infallible. Several factors can affect the accuracy of a breathalyzer test, including improper calibration, maintenance issues, and user error. Additionally, certain medical conditions and substances can interfere with the test results. An experienced DUI attorney can challenge the accuracy of the breathalyzer test by examining the device’s maintenance records and questioning the administration of the test.
Improper Field Sobriety Tests
Field sobriety tests (FSTs) are used by officers to assess a driver’s impairment. These tests include the Horizontal Gaze Nystagmus (HGN), Walk-and-Turn, and One-Leg Stand. However, these tests are subjective and can be influenced by factors unrelated to alcohol consumption, such as fatigue, anxiety, medical conditions, or poor road conditions. An attorney can challenge the reliability of the FSTs by demonstrating that the officer did not administer the tests correctly or that external factors affected the results.
Medical Conditions
Certain medical conditions can mimic signs of intoxication, leading to a wrongful DUI charge. For example, diabetes can cause symptoms like slurred speech, disorientation, and the smell of alcohol on the breath due to ketoacidosis. Other conditions, such as neurological disorders or injuries, can affect balance and coordination, leading to poor performance on FSTs. A DUI attorney can present medical evidence to explain these symptoms and challenge the prosecution’s case.
Rising Blood Alcohol Concentration
The concept of rising blood alcohol concentration (BAC) can be a viable defense in some DUI cases. Alcohol takes time to be absorbed into the bloodstream, and a driver’s BAC can continue to rise even after they have stopped drinking. If a significant amount of time elapsed between the traffic stop and the administration of the breathalyzer or blood test, it is possible that the driver’s BAC was below the legal limit while they were driving but rose above the limit by the time the test was conducted. An attorney can use expert testimony to explain the science behind rising BAC and argue that the driver was not legally impaired while driving.
Violation of Constitutional Rights
A DUI arrest must adhere to constitutional protections, including the Fourth Amendment right against unreasonable searches and seizures and the Fifth Amendment right against self-incrimination. If law enforcement officers violated your constitutional rights during the stop, arrest, or interrogation, any evidence obtained as a result may be suppressed. For example, if the officers conducted an unlawful search of your vehicle or failed to provide Miranda warnings, your attorney could file a motion to exclude the evidence.
FAQs About DUI Defenses in Chicago
What is a valid reason for a traffic stop?
Officers must observe a traffic violation or have reasonable suspicion of criminal activity, such as erratic driving, to initiate a traffic stop.
Can medical conditions affect breathalyzer results?
Yes, certain medical conditions and substances can interfere with breathalyzer results, leading to inaccurate readings.
What happens if my constitutional rights were violated during a DUI arrest?
If your rights were violated, any evidence obtained as a result may be suppressed, which could weaken the prosecution’s case against you.
Can field sobriety tests be challenged in court?
Yes, field sobriety tests can be challenged based on their subjective nature and external factors that may have affected your performance.
Is it possible for my BAC to be rising at the time of the test?
Yes, alcohol absorption can cause your BAC to rise after you have stopped drinking, potentially leading to a higher reading at the time of the test.
Contact The Law Offices of David L. Freidberg For Your Free Consultation
If you are facing a DUI charge in Chicago, it is essential to have an experienced attorney on your side. Contact The Law Offices of David L. Freidberg for skilled legal assistance. We offer a free consultation 24/7 at (312) 560-7100 or toll-free at (800) 803-1442. Our firm serves clients in Chicago, including Cook County, DuPage County, Will County, and Lake County. Let us help you fight for your future.
