It’s no secret that driving under the influence of alcohol or drugs can lead to serious legal trouble. But what many people don’t know is that there are ways to beat a DUI charge in Illinois. This guide explains.
3 Ways to Beat a DUI Charge in Illinois
Here are the most common ways people beat DUI charges in Illinois:
- Identifying inaccuracies in breath test results
- Showing that the police didn’t have probable cause to pull you over for DUI
- Proving that field sobriety tests aren’t good gauges of drunkenness
Here’s a closer look at each. However, keep in mind that there’s no one-size-fits-all way to beat a DUI charge in Illinois, and there’s never any way to predict how a judge will rule.
Way #1 to Beat a DUI Charge in Illinois: Identifying Inaccuracies in Breath Test Results
If you blew over the legal limit on a breathalyzer test, it may seem like your DUI case is a lost cause. But that’s not always true.
Inaccuracies in breath tests are more common than many people realize. In fact, a recent study found that breathalyzer machines used by police departments across the country are often inaccurate.
One of the most common ways to challenge breath test results is by arguing that the machine wasn’t properly calibrated. If the machine wasn’t properly calibrated, the results may not be accurate.
Another way to challenge breath test results is by arguing that you have a medical condition that can cause your body to produce false readings on a breathalyzer test. For example, people with acid reflux or diabetes sometimes have high readings on breath tests even though they haven’t been drinking.
Related: What does “beyond a reasonable doubt” mean?
Way #2 to Beat a DUI Charge in Illinois: Showing That the Police Didn’t Have Probable Cause to Pull You Over for DUI
In order for the police to pull you over and arrest you for DUI, they must have probable cause. Probable cause means that there was a reason to believe that you were driving under the influence.
For example, if the police saw you swerving all over the road, they may have had probable cause to pull you over. But if you were driving perfectly well, they probably didn’t have probable cause to stop you.
Related: What happens if you refuse a breath test during a DUI stop in Illinois?
Way #3 to Beat a DUI Charge in Illinois: Proving That Field Sobriety Tests Aren’t Good Gauges of Drunkenness
Field sobriety tests are the tests that police officers often make people do at the side of the road when they think someone is driving drunk.
These tests can include things like walking in a straight line or standing on one leg. But many people don’t realize that these tests are actually pretty flawed.
For example, if you have a medical condition that affects your balance, you may do poorly on a field sobriety test even if you’re not drunk. Or if it’s cold outside, you may do poorly on a field sobriety test because your muscles are tense from the cold.
In general, field sobriety tests are not very accurate gauges of drunkenness.
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