When you’re facing a DUI, it’s important to explore every possible way to attack the allegations against you. You may have strong defenses that you may not be aware of until you explore them. Investing the time and energy in your Chicago DUI case may significantly improve the outcome in your case. Here’s just some of the work to be done on your DUI case:
The scrutiny of the case against you should begin right where you came to law enforcement’s attention. The police must have a lawful reason to stop your vehicle to investigate. If law enforcement stops your vehicle without a lawful reason, the entire case against you may be invalid.
To stop your vehicle, law enforcement must need a reasonable suspicion that criminal activity is afoot. They must see you violate a traffic law, or they must have a reason to believe that you may be driving under the influence or over the legal limit. You should carefully review the police report and any video evidence available in order to determine why law enforcement stopped your vehicle. If there isn’t sufficient evidence that law enforcement had a lawful grounds to stop your vehicle, you should bring a motion to the court to suppress the evidence against you.
If law enforcement asks you to perform field sobriety tests, you should carefully review how the police administered those tests. Standardized field sobriety tests must be performed accurately and precisely if they’re going to produce reliable results. There are three standardized field sobriety tests, but many officers ignore their training and they administer unreliable tests. They may also fail to give you proper instructions for performing field sobriety tests, or they may not know what indicators to look for when they perform the tests.
When you work on your DUI case, you should carefully note these errors in field sobriety testing. Then, you can work with your attorney to question the officer about their errors. Demonstrating where the officer made errors in testing can create doubt about the case against you.
When law enforcement performs a chemical test, they have a protocol to follow. The police must perform verification procedures to make sure that their testing instrument is in working condition. They must also follow prescribed rules when they administer a test. They must make sure that you don’t vomit or regurgitate for at least 15 minutes before the test. They should observe you carefully in order to make sure that the test is going to produce accurate results.
If the police don’t follow these protocols, the evidence they obtain by giving the chemical test may not be admissible in court. You may need to bring this to the court’s attention by making a pretrial motion to the court. If the court refuses to allow the police to admit the breathalyzer results, their entire case may fall apart.
When you’re arrested for drunk driving in Chicago, the arresting officer should warn you that state law requires you to take a chemical test. You may have refused to take the chemical test. If a driver refuses to take the chemical test, it may mean an automatic suspension of their driver’s license for one year or more. You can work to contest the suspension, but you must make the request quickly. An attorney can help you determine how to best go about challenging an implied consent suspension in your case.
Working on your DUI case means taking the appropriate steps to prepare your case for trial. You should review the evidence in your case to determine if an expert witness might help the jury understand the evidence in the case. You may have had an alcohol level that was still rising after your arrest. An expert witness can help the jury understand how that may cause the test results to be inaccurate. There are a number of reasons that an expert witness may help the jury piece together the holes in the state’s case against you.
Working on your DUI case means determining how to arrive at the best possible resolution to the case. There may be good reasons to take your case to trial. It may be best to pursue a plea resolution. If you decide to pursue a plea agreement, you should work with your legal team to determine an appropriate plea and approach the state’s attorney for their approval. If you proceed to trial, you should carefully prepare evidence, testimony and arguments in order to help the jury arrive at a fair and just verdict under the law.