10 Ways to Beat a DUI

Effective DUI Defense Strategies from an Experienced DUI Attorney

Even a first-time DUI conviction can have severe consequences in Illinois, and determining what steps can be taken to prevent a conviction may seem difficult. At the Law Office of J. Francis Barker, P.C., we believe that a strong offense is often your best defense. Getting legal help from a criminal defense lawyer who has experience beating DUI charges and who will fight tenaciously to safeguard your rights and best interests is the most effective step you can take.

Attorney Barker will investigate your arrest and the evidence against you and develop an aggressive strategy to help you achieve the best possible outcome to your case. There are several ways to beat a DUI charge, including:

1. Challenge Whether the Arresting Officer Had Probable Cause for Your Traffic Stop

A police officer must have a good reason, or probable cause, to pull you over. Officers cannot stop you only because they suspect you may be intoxicated. Valid reasons for stopping you might be erratic driving, speeding, or driving without headlights. If the officer did not have probable cause for pulling you over, your DUI arrest may be found to be invalid.

2. Present Alternate Reasons for Your Driving Behavior

Using the same examples of speeding, erratic driving, and driving without headlights, we can argue that these actions were due to another cause. For example, a stressful day, severe headache, injury, or illness may be reasonable causes for these behaviors. Our goal is to cast reasonable doubt, as that can return a "not guilty" verdict.

3. Challenge Your DUI Arrest

Pulling you over for a traffic crime is completely different than arresting you for DUI. After you were stopped, did the officer have reason to suspect you were intoxicated? Valid causes might be seeing an open container in your car or smelling alcohol. If you appeared to be sober and there was no reason to suspect that you were intoxicated, we may be able to challenge your arrest.

4. Challenge the Officer's Observations During Field Sobriety Tests

Field sobriety tests in Illinois typically include standing on one leg, testing your ability to focus your eyes without involuntary movements, and walking in a straight line and turning around while keeping your balance. The officer's perception of your performance is the sole evidence in these tests. There are many reasons why you might not pass, such as having an ear infection that affects your balance, sensitive eyes, injuries, or poor overall health. Uneven walking surfaces can also create problems. Challenging field sobriety tests often provides enough reasonable doubt to make them inadmissible.

5. Challenge the Results of Chemical Tests

Officers may ask you to undergo breath, blood, or urine testing after an arrest to determine your blood alcohol content. The testing equipment may be faulty, and other factors may make readings inaccurate. The officer may not have fully explained the breath testing process, or they may not have given you enough attempts. Since these test results are often some of the most incriminating pieces of evidence against you, questioning their validity can create reasonable doubt.

6. Present Alternate Reasons for Chemical Test Results

Some people have health or dietary conditions that may create false readings of intoxication. Breathalyzer devices are usually calibrated for an average adult male, which can put all others at a disadvantage. Rising blood alcohol content may occur between the time the officer pulled you over and when they administered the chemical tests. Your blood sample may sit for days before it is analyzed, which can alter readings. These and other viable explanations for a high BAC can cast reasonable doubt as to your intoxication at the time of your arrest.

7. Question Whether the Officer Followed Proper Procedures

When an officer stops you, they must follow strict procedures if they arrest you for DUI. If they fail to follow these requirements, the evidence they gather may be found to be inadmissible. Two examples of improper procedures include:

Inadequate Observation Period Before Breath Tests

Officers must observe you for at least 20 minutes before they can administer a breath test. During that time, you cannot eat or drink anything, and you cannot vomit. The observation period resets if any of those things happen. When the officer does not follow proper procedures, we may be able to exclude test results as evidence.

Failure to Read Miranda Rights

Before an officer questions you, they must read you the Miranda Warning, which informs you that anything you say can be used against you. The "fruit of the poisonous tree" doctrine makes any illegally obtained evidence inadmissible in court, so anything you said to an officer who failed to read you your Miranda rights cannot be used against you.

8. Present Evidence of Police Misconduct

Police officers have a strict code of conduct they should follow. If you can show that the arresting officer exhibited behaviors like racial profiling, intimidation, or brutality, your attorney may be able to get your charges dismissed.

9. Offer Evidence or Eyewitness Statements That Corroborate Your Sobriety

Police dash cams, passengers in your car, video surveillance cameras, and others may have video evidence that shows that you appeared to be sober at the time of your arrest. Eyewitnesses may also provide statements that support your claim of sobriety or police misconduct. The Law Office of J. Francis Barker, P.C. will search for video footage and interview eyewitnesses to find corroborating evidence.

10. Negotiate With the Prosecutor

If your case goes to trial, you may be convicted if there is sufficient evidence against you. Sometimes, negotiating for a lesser charge may be the best way to resolve your case. This is particularly true for first-time DUI charges against drivers with otherwise respectable backgrounds. You can trust our team to recommend this option only if we believe it is in your best interests.

Contact Our Orland Park, IL DUI Attorney

The sooner we can get to work on your case, the better the outcome may be. Whether we use one of these ways to beat your DUI or employ other effective methods, working with us can ensure that your rights and best interests will be fiercely protected. Contact us at 708-321-1223 now for your free consultation with our highly skilled Orland Park drunk driving defense attorney.