Beat a DUI Charge in Illinois
Being charged with an Illinois DUI (Driving Under the Influence) is an unfortunate but relatively common occurrence. There isn’t much of a worse feeling than seeing red and blue flashing lights in your rearview mirror on the way home from a bar or party, but there are ways and steps you can take to beat Illinois DUI arrest cases and prove your innocence. A DUI can result in the loss of your license, driving restrictions, large fines, and even jail time. So it’s important to know how to beat Illinois DUI charges and keep your record clean. There are several steps you can take to get the charges dropped and beat a DUI.
Steps
- Determine whether you were Mirandized.
- Any police officer that arrests you on suspicion of an Illinois DUI must inform you of your Miranda rights. These are the rights to an attorney, remain silent, and others. If you weren’t mirandized at the time of the arrest, anything you said or did and all field sobriety test results could be invalidated and inadmissible in court.
- Hire a good attorney.
- Being fairly represented by a lawyer that has experience winning Illinois DUI cases will go a long way towards helping you beat a DUI.
- If you can’t afford to hire your own lawyer and you’re relying on a court-appointed public defender, make sure they have experience dealing with DUI cases and know how to help you beat the charges.
- Many law firms offer free legal advice sessions or seminars for dealing with common legal problems like divorce or DUI. Find some free local legal advice.
- Disprove the field sobriety test results.
- The prosecution will try to prove your guilt based largely on the arresting officer’s statement and the results of any field sobriety test results administered. But these tests are often considered inconclusive and unreliable.
- Field tests that are non-standardized, like counting backwards or touching your finger to your nose, are not recognized as legally valid.
- Tests like walking in a straight line or standing on one foot are not valid for obese people or people with physical disabilities or injuries.
- Present valid reasons for impairment.
- Erratic driving or weaving in the lane can also be explained by physical impairment or fatigue, conditions that a police officer might not have considered.
- Prove that bad weather hurt your driving.
- Bad weather that causes low visibility, such as rain, snow, fog or heavy wind, can be used to explain unusual driving or weaving in the lane.
- Challenge the blood alcohol content results.
- Factors such as improperly working breathalyzer machines, misinterpretation of test samples and preexisting medical conditions can be used to invalidate the blood alcohol content test results.
- Breathalyzer machine operators are required to be licensed and to use a machine that works properly. If the operator isn’t license or the machine can be proven faulty, the test results are no longer valid.
- Be respectful in court.
- A judge is more likely to drop charges if you express your understanding of the seriousness of the crime and show remorse.
- Show respect for the court process by arriving on time or early, dressing appropriately, and addressing the judge properly.
