Effective Illinois DUI Defenses

Being charged with a DUI is scary; you might think there is no way to escape a conviction. This is not true. Many effective DUI defenses may get the charge dismissed or reduced. If you have been charged with driving while under the influence of alcohol, our Illinois DUI defense attorneys can help you.

Illinois DUI Laws

In Illinois, driving under the influence is defined by law (625 ILCS 5/11-501) as operating a motor vehicle when alcohol or drugs, including marijuana for medical or recreational purposes, impair you. You are considered legally under the influence if your blood-alcohol content (BAC) is .08% or more or you have a tetrahydrocannabinol (cannabis) concentration (THC) of 5 nanograms or more per milliliter of whole blood.

The first DUI conviction is a Class A misdemeanor that can result in up to one year in jail, and your driver’s license will be suspended for six months if you fail the breathalyzer test or if you refuse the breathalyzer test your license will be suspended for one (1) year.  If your BAC was .16% or more, you will be fined at a minimum of $500 and be required to complete at least 100 hours of community service. A second DUI conviction results in at least five days in jail or 240 hours of community service, plus a suspended driver’s license for one to five years depending on how soon after the first conviction the subsequent DUI conviction is. The State of Illinois has a DUI Fact Book for 2023 available as a PDF.

Effective Drunk Driving Defenses

Clearly, the penalties for a DUI conviction should be avoided at all costs. This is why hiring a DUI attorney as soon as possible is imperative. Fortunately, several effective drunk driving defenses may be effective. Your attorney will review your case carefully and determine the best legal path with one or more of these defenses:

Improper Field Sobriety Test

When a police officer in Mount Prospect pulls you over for possible drunk driving, they can have you perform various field sobriety tests. However, you might not pass the common walk-and-turn, nystagmus test, and one-leg stand test for various reasons unrelated to being intoxicated. Also, if the police officer does not administer the tests correctly, the results may be unreliable.

Unreliable Breath Or Blood Test

Several procedures must be closely followed when your breath or blood is tested for alcohol. For instance, a crime lab must handle your blood sample carefully to ensure it is not contaminated.

Also, the police must perform a breath test correctly for accurate results ensuring the machine is properly calibrated. In some situations, breathalyzers can have up to a 50% margin of error for many reasons, including improper calibration and the device mistaking a food for alcohol content.

Failure To Mirandize

A police officer must read Miranda warnings when you are taken into custody. If the police do not Mirandize you, it violates your constitutional rights.

Motion To Suppress Evidence

Your defense attorney may make a motion to suppress evidence for many reasons. The police may not have had probable cause to stop you. Your attorney may also make a motion to suppress the breathalyzer test results or police officer observations of your behavior.

Contact Our Illinois DUI Defense Attorneys Today

If you have been charged with DUI in Illinois, you face a possible jail sentence, fines, and a permanent criminal record. Contact our Illinois DUI defense attorneys at Villadonga & Villadonga. We can provide a solid defense to obtain the best case result, so contact us at (847) 298-5740.