DUI Defenses in Illinois
Driving under the influence (DUI) can be a misdemeanor or felony in Plainfield Illinois. A conviction can have devastating consequences in your life; there are fines, license suspensions, and even jail time at stake. You need an experienced Plainfield DUI lawyer to navigate this difficult time in your life. Fighting a DUI charge can be tough, but there are options and defenses available to you.
Lack of Probable Cause
In order for a police officer to stop you, even for a minor traffic violation, the officer needs to have probable cause to pull you over. The Fourth Amendment of the United States Constitution requires probable cause, and if there is none, the stop itself is illegal. Therefore, any evidence that was gathered or obtained during the stop is inadmissible in a court of law.
Probable cause means that an officer must have a legitimate reason to stop your vehicle. In the case of traffic stops, this means running a stop sign or red light. If an officer is stopping you because he or she thinks you are driving under the influence, the officer can stop you because you are swerving or driving erratically, or any of the other common indicators that someone is driving under the influence.
If you are trying to challenge the validity of the traffic stop, it will be tough. There are a variety of reasons, some even miniscule, that allow a police officer to stop your vehicle. It is likely that your case would be dismissed if you are able to show that there was no probable cause to conduct the traffic stop.
Lack of Basis for Arrest
As stated above, it will be difficult to get a case dismissed through lack of probable cause. Another option is that there was no basis for the arrest to have been made in the first place. To do this, you need to prove that there was no evidence of a DUI to arrest you.
One way to challenge the arrest is by showing that there are other reasons you might only appear to be intoxicated. Evidence of a DUI often comes through failing field sobriety tests. If there are other reasons you failed the sobriety tests, this could be a basis to challenge the arrest.
Additionally, you might be able to challenge the arresting officer’s report after a DUI. You would need to show that the report did not accurately portray what happened.
Improper Field Sobriety Tests
Officers conduct field sobriety tests to determine whether someone is driving under the influence. If these tests were administered incorrectly, there may be grounds for dismissal of your charge. Improper breathalyzer test administration or not following directions when conducting a field sobriety test can be challenged. There are three field sobriety tests that can be administered in Illinois – horizontal gaze nystagmus, the walk-and-turn, and the one-legged stand.
If you have been charged with a DUI, the experienced Joliet DUI attorneys at Hamilton & Antonsen, Ltd. can help you. We consider each and every defense and approach to your case in order to get you the best outcome. Contact us today.