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How To Beat A DUI In Illinois

Updated on April 19, 2021 → Under

Most people believe that if you’re charged with driving under the influence of alcohol, there’s no way out. You must plead guilty to save your time. However, that’s not true. There are several ways to beat a DUI in Illinois. Contact the experienced DUI criminal defense attorneys of Dohman Law at (847) 616-9993 to learn more.

How Do You Beat a DUI Case in Illinois?

If you have been charged with driving under the influence of drugs or alcohol in Rolling Meadows, you’re innocent until prosecutors prove you’re guilty beyond a reasonable doubt. You can beat a drunk driving charge by identifying legal flaws or doubts about the evidence against you. Police report errors, medical conditions, inaccurate breathalyzer blood alcohol content tests, and many DUI defenses can fight a DUI charge.

Breathalyzer Tests Inaccuracy or Errors

A DUI breath test is the most common blood alcohol concentration (BAC) test. However, a DUI breathalyzer doesn’t measure blood alcohol concentration directly. Instead, these tests measure breath alcohol and then multiply that by a partition ratio to estimate blood alcohol level. Breathalyzers assume the ratio of alcohol in exhaled breath to alcohol in your blood is 1:2100.

However, actual ratios range from 1:1300 to 1:3000 or more depending on body weight, gender, breathing patterns, body temperature, and red blood cell ratio. Many issues can cause false-positive breathalyzer results:

  • The breath testing instrument error of margin
  • Improper calibration, maintenance, and poor use by the arresting police officer.
  • “Auto-brewery syndrome.”
  • Physical differences between drivers affect the partition ratio.

According to experts, even when a DUI breathalyzer test is administered flawlessly, the chemical testing has an error margin of 0.005 to 0.02%. This allows the DUI defense lawyers at Dohman Law Group to fight even “flawless test results” between 0.08 and 0.10% because a 0.02% error rate could lower the blood alcohol content to below the 0.08 alcohol legal limit.

How to beat a DUI in Illinois - Infographic

No Probable Cause for the Drunk Driving Stop

Police drunk driving stops must be supported by reasonable suspicion or probable cause. For DUI traffic stops, the most common reasons police officers provide are drivers are showing NHTSA driving impairment patterns, running stop lights, or speeding. 

If the arresting police officer had no probable cause for the DUI traffic stop, your DUI defense lawyer can file a motion to suppress evidence to exclude any evidence obtained during the illegal search. Suppressing important evidence can increase your chances of getting a DUI dismissed.

Inaccurate Drunk Driving Blood Test

Blood testing for alcohol must adhere to strict protocols to ensure accuracy because there are several ways blood tests can provide inaccurate results.

For instance, it’s common for blood samples to sit for days before analysis. Blood is an organic substance, which decomposes because of bacteria and enzyme action. Decomposition can create alcohol in the blood. Depending on the amount of decomposition, blood samples with no alcohol can yield a blood alcohol concentration of 0.25 or higher.

The courts presume blood tests by law enforcement to be accurate; thus, the burden is on your defense team to prove they aren’t. You can achieve this by filing a “blood split motion” to retest the blood sample and learn how the sample was stored and how the BAC test was conducted.

If errors are found, an experienced attorney can fight to have your blood test results excluded from key evidence. Suppressing DUI evidence can help you beat your DUI charges.

beat a DUI

Inaccurate Field Sobriety Tests

Typically, police officers administer field sobriety tests to determine if people pulled over are driving under the influence of alcohol or drugs. However, many assessments by many studies have proven these tests to be unreliable. Several factors, such as wearing restrictive clothing or ill-fitting footwear, poor weather conditions, and being overweight can make people fare badly on field sobriety tests.

How Can I Beat a DUI in Illinois Without a Lawyer?

An arrest for driving under the influence of alcohol in Illinois can have serious consequences in your life. Not only do you risk having a criminal record, but a DUI arrest can affect your ability to work and live in certain areas. Unfortunately, fighting a drunk driving arrest is extremely complicated. Thus, many defendants hire DUI defense attorneys to help fight for their legal rights in court. DUI defense lawyers can help get your DUI charges reduced or even dismissed.

Fortunately, if you can’t afford to hire an experienced DUI attorney to help with your charges, you can fight a DUI on your own. If you have decided to fight your DUI charges without the help of a DUI lawyer, it’s crucial you realize the magnitude of the situation and your chances of succeeding without hiring a skilled DUI lawyer to help. There are many arguments you can make to defend yourself against a DUI conviction in Illinois.

One of the best ways to beat a DUI charge is to identify errors or mistakes in police reports that can get your charges reduced or dismissed.

  • Did the arresting police officer read you your Miranda rights? This is one of the legal arguments for fighting DUI charges in Illinois. Did the arresting police officer read you your Miranda rights at the time of your drunk driving arrest? Did the officer read your rights clearly and completely? If not, you can have your DUI criminal charges can contest the validity of the breath test and he or she can have your DUI case thrown out on a technicality.
  • Were the breath test devices faulty? DUI breath tests and breath testing devices can have many flaws, including instrument malfunctions, failure to observe the defendant before taking the breathalyzer test, and physiological conditions. In Illinois, the arresting officer must observe the DUI offender for at least fifteen minutes before issuing the breathalyzer test. Because someone burping or having acid reflux before the test can cause false positives to appear. Thus, if the arresting officer didn’t observe for the stipulated time, there’s no way for them to disapprove your claims regarding these issues. Your DUI case can be dismissed based on the validity of the breath test.
  • Dietary conditions can yield false high readings. Those who follow an Atkins diet, which is low in carbohydrates and high in protein, and those with diabetics or hypoglycemia, often give false highs on breath tests.
  • Rising blood-alcohol level. When one consumes alcohol, it takes 50 minutes and three hours for it to be absorbed in the system. If you’re pulled over immediately after drinking alcohol, your alcohol level continues to rise. The officer may decide to observe you for some time before issuing the test, and the test may show a BAC of 0.08% or higher. While this may be your BAC at the time of testing, it may not be the level you maintained during the time of driving. You can use this argument to fight your DUI charges, especially if you were issued a breathalyzer test and blood testing because both tests allow time for the BAC level to rise before testing.
beat a DUI in Illinois - criminal defense lawyer

Fighting DUI charges without a DUI defense attorney in Illinois is a brave move. At the very least, it’s essential you consult with an experienced DUI lawyer before embarking on this legal battle alone. Contact a knowledgeable DUI attorney from Dohman Law Group at (847) 616-9993 to schedule a free initial consultation and case review to determine if it’s in your best interest to hire a legal representative to defend you.

At Dohman Law Group, we have the DUI expertise you need. We understand the DUI defense system. We know the DUI defense strategies that have won in court. And we know the judges and prosecutors working in Illinois today. We’ll provide you with the strong defense you deserve, all while demystifying a complicated legal process.

Further, we understand the needs of our clients. Fighting for your future can be emotionally challenging. And for most people, a first DUI offense is the only trouble they’ve had with the law. Thus, we’ll work hard to make sure one mistake doesn’t bar a lifetime of work or cost you your freedom. If you or a loved one is facing DUI charges, contact Dohman Law Group today at (847) 616-9993.

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