Drivers who are charged with DUI in Illinois or any other state are not necessarily guilty of the charge. There are multiple defenses that defendants may use in an effort to obtain a favorable outcome in their case. For instance, an individual may claim that he or she was forced to drive or that he or she was not actually intoxicated while operating a motor vehicle. It may also be possible for drivers to claim that they became intoxicated against their will.
Drivers may assert that an officer had no right to make the traffic stop that led to the charge. Furthermore, it may be possible to claim that there was an error in administering a field sobriety or other test at the scene of a traffic stop. Although this is not a common defense, a defendant may assert that a police officer acted improperly prior to charging that person with DUI. For instance, information in a police report may have been embellished or completely fabricated to justify the charge.
In some cases, an individual's blood alcohol content will rise for a period of time after consuming alcohol. This is because it may not have been fully absorbed when a person started driving. Finally, an individual may claim that another person was driving the vehicle that was stopped by an officer.
Individuals who are convicted of drunk driving may face a variety of penalties. These penalties could range from a suspended drivers license to a fine and jail time. Probation, community service and other sanctions might be handed down by a judge. An attorney may be able to help a defendant obtain a favorable outcome in a DUI case. This might be done by casting doubt on a police report or how evidence was handled.