You may be regretting mistakes or poor judgment that led up to your arrest for Driving Under the Influence (DUI) in Illinois, but keep in mind that this is just the beginning of a DUI case. You still have the opportunity to defend yourself at the administrative hearing and in a criminal court room. In these proceedings, you can contest the three primary forms of evidence a prosecuting attorney is likely to present as proof. Instead of regrets about a past that you cannot change, focus on the future and working with an Illinois DUI defense lawyer who will fight for your rights.
The Police Report
An officer is required to submit an incident report for any arrest, so there will be a document regarding your encounter with police. However, it is important to remember that this is a subjective account about the circumstances surrounding your arrest. The police report is an opinion about your speech, demeanor, physical condition, and reasons that you were pulled over. In other words, it is the testimony of an eye witness. A law enforcement officer is granted more credibility in court, but the account can still be contradicted by objective evidence.
Your Performance on Field Sobriety Tests
Before placing you under arrest, an officer may request that you take a field sobriety test. The most common standardized tests are:
- Walk and Turn Test
- One Legged Stand Test
- Horizontal Gaze Nystagmus Test
These tests are more objective than a police report, but it is still possible to contest the results. If you have a medical condition that affects your physical abilities, you will not have much success with some field sobriety tests. Plus, uneven pavement, slippery surfaces, poor lighting, weather, and other factors at the scene can create reasonable doubt.
Results of Chemical Tests
Though they are often viewed as being the strongest forms of evidence in an Illinois DUI case, you may have grounds to challenge the results of a test to determine your blood alcohol concentration (BAC). The breathalyzer is the most common type of chemical test, but there are factors that impact reliability.
Improper maintenance or calibration may be an issue. The breathalyzer machines used by police carry a warranty of a limited period of time, but police typically use them long beyond the warranty’s expiration. You can also contest the results if the operator does not have proper credentials or was not properly trained to use the machine.
Talk to an Experienced DUI Defense Attorney About Your Legal Options
Our DUI defense attorneys at Glasgow & Olsson are dedicated to protecting your rights in a drunk driving case. An arrest is not a conviction, so we will be by your side when you get your day in court. If you have questions about Illinois DUI cases and ways to fight the charges, please contact our office at 847-577-8700 or visit us online. Our legal team can set up a consultation to review your situation and develop a legal defense strategy. We serve clients throughout DuPage, McHenry, Cook, and Lake Counties, and we are happy to help with your case.
(image courtesy of Thomas Picauly)