Defenses to Driving Under the Influence

by | Jan 11, 2019 | Lawyer & Law Firm

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According to Illinois law, driving under the influence (DUI) means being impaired by alcohol or drugs while operating a motor vehicle. A person is considered to be driving under the influence if there is a blood-alcohol concentration of .08 or higher. Whether you are a first-time offender or have faced multiple DUI charges, failure to take your case seriously could jeopardize your ability to retain your driving privileges, result in expensive fines, and possible jail time. Speaking with an experienced criminal law attorney Rockford IL will enable you to find out which legal defenses can be used to help you fight the charges filed against you.

Proof of Intoxication

One of the most important pieces of evidence in a DUI case is proof that the driver was intoxicated. If the breathalyzer isn’t properly calibrated or doesn’t provide accurate results for other reasons, the DUI lawyer can argue that the results are invalid and shouldn’t be submitted as evidence. The lawyer can also contest the results of a field sobriety test if behavior that typically indicates impairment is actually caused by a medical condition or other factors unrelated to the consumption of alcohol or drugs.

Failure to Follow Criminal Procedures

Police officers and other members of law enforcement are required to abide by certain codes of conduct. When they don’t properly follow criminal procedures intentionally or accidentally, the actions of law enforcement can be challenged in a court of law. Some examples of improper conduct include the police officer not having probable cause to initiate the traffic stop, the breathalyzer or field sobriety test not being properly administered or the police officer not notifying the driver of his civil rights upon arrest.

Contact a DUI Lawyer

The Crosby Law Firm has experience representing clients facing DUI charges and other types of traffic violations. The legal team aggressively protects the rights of clients and utilizes effective legal strategies to defend their cases. Visit the website and schedule a free consultation with a criminal law attorney Rockford IL.