Why You Should Always Fight A DUI

After you are arrested on suspicion of DUI in Kane County, the feelings of hopelessness may become overwhelming. You may feel that you should just plead guilty and get past this horrible incident. However, it is important to discuss your case with an attorney before pleading guilty. There may be legal challenges an experienced attorney can file.

One challenge that may be filed is a Fourth Amendment violation. The Fourth Amendment says arrests must be based on probable cause and protects us against unreasonable search and seizures by the police. If your DUI arrest was not based on probable cause, a competent lawyer may be able to have your DUI charge dismissed based upon a violation of the Fourth Amendment.

How Do Attorneys Challenge DUI Charges?

Police officers can make mistakes during DUI arrests. They may question you regarding your alcohol consumption without reading you the Miranda warnings. If this occurs, your attorney may have these statements suppressed or possibly have the case dismissed. In some cases, your attorney may challenge the history and credibility of the arresting officer as part of your defense.

In Illinois, the DUI statute requires suspected drunk drivers to submit to a breath test or provide a blood sample to determine their blood alcohol content (BAC). If drivers refuse these tests, they can lose their driving privileges for at least one year. Local law enforcement agencies in Kane County now hold "no refusal" events, during which any DUI suspect who refuses to take a breath test is legally forced to give a blood sample. These officers will obtain a search warrant and force a blood draw against the driver.

Even if the BAC results of a breath or blood sample are over the legal limit, your attorney may challenge them based on the following criteria:

  • The results of the test or the testing procedure
  • The collection, handling and storage of the sample
  • The manner in which other tests were conducted
  • The arresting officer's actions
  • The cause for the traffic stop

Many DUI lawyers use expert witnesses at trial to testify for the defense in DUI cases and refute the BAC evidence. If you have been arrested on suspicion of DUI, it is crucial to discuss your case with a DUI attorney. While you may believe the prosecution has a strong case against you, your attorney may feel otherwise.

Contact Us Today To Get Started

To schedule a free consultation to discuss your case, call our offices at 630-492-1893. You can also send us an email.