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15 Ways To Challenge An Illinois DUI Charge

 Posted on May 15, 2020 in DUI

The easiest way to beat a DUI charge in Illinois is to avoid getting behind the wheel when you’re intoxicated in the first place, but nearly 100 people are arrested for drunk driving every day in Illinois, so we need defense strategies instead of just preventative actions. There are a number of ways to challenge the validity of your DUI arrest or the charge itself, and we want to quickly run through 15 of the most common ways we often challenge these arrests. For a more individualized plan to contest your DUI charge, reach out to our firm for a free case review session today.

Common Ways To Fight An Illinois DUI Charge

Here’s a quick look at 15 avenues we may look to explore when contesting your DUI charge.

  1. Breath Test Accuracy – We may contest the accuracy of the breath test results or work to determine that the device itself has not been serviced properly.
  2. Dash Cam Discrepancies – If the officer said you failed the field sobriety tests, but the dash cam video suggests otherwise, we’ll contest the officer’s report with this information.
  3. Testing Problems – Protocols need to be followed when collecting blood, breath or urine samples, and if they aren’t your case may be thrown out.
  4. Medical Issues – If you have certain medical issues or health problems, it can invalidate the results of your field sobriety tests.
  5. No Probable Cause – If police did not have legal cause to stop your vehicle, the evidence they collected after the stop may be inadmissible.
  6. Miranda Violation – If police didn’t read your Miranda rights, you may be able to have the case thrown out.
  7. Alcohol Absorption Accuracy – It takes your body some time to metabolise alcohol, so there’s a chance that you may have been under the legal limit at the time you were driving, but over the limit by the time you were tested.
  8. Conflicting Witness Statements – If witnesses say things that are omitted from the police report, you may have grounds to have the charges dropped.
  9. Illegal Search – Police need a warrant or consent to obtain some bodily substances, and absent of those factors, evidence collection may be invalid.
  10. Statement Inconsistencies – If officers provide differing statements, it could lead to questions about the accuracy of their testimony.
  11. Police Track Record – Some cops have a history of lying on the stand or misconduct. We’ll check into the arresting officer’s professional record to see if it could help your case.
  12. Interfering Substances – Medications and nail polish can sometimes affect a breath test, so we’ll see if your testing results could have been compromised.
  13. Due Process Violation – If you were denied due process that is guaranteed by the constitution, your charge may be thrown out.
  14. False Information – If police knowingly provide false information to a suspect, like that they have to consent to a search, this can lead to charges being dropped.
  15. Statute of Limitations – If charges are not brought in a timely manner, your case may be dropped due to a statute of limitations violation.

These are far from the only ways we can contest a DUI charge, but they are all avenues we’ve pursued to help our clients get justice. For more information, reach out to our firm today at (630) 717-7801.

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