Police missteps may offer an Illinois DUI defense advantage

On Behalf of The Law Office of Jessica Koester, LLC

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Apr 14, 2024

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Drunk Driving-DUI Charges

Getting pulled over for suspicion of driving under the influence (DUI) is a stressful, inconvenient and even frightening experience for most people. After all, no one wants to face a potential drunk driving conviction.

With that said, if you are already dealing with DUI charges, it’s important to understand that thinking back on the traffic stop and what occurred may help you to strengthen your case. If the police officers made mistakes that violated your rights, this can provide a sturdy foundation on which to build a defense.

Lack of reasonable suspicion

The police must have a lawful reason to pull a motorist over in the first place. If you broke no laws and were not driving erratically or dangerously, it may be possible to challenge the stop itself. If successful, evidence obtained subsequently, including field sobriety tests, could be barred from submission at trial.

Flawed field sobriety tests

Law enforcement often use Standardized Field Sobriety Tests (SFSTs) to assess impairment, but they are not foolproof, especially if administered improperly. If an officer administering such tests was not qualified or failed to follow procedure, your defense representative can challenge the test results.

Breathalyzer blunders

Out in the field, breathalyzers allow the police to estimate a driver’s blood alcohol concentration (BAC). However, malfunctions, improper calibration and police officer misuse can cause inaccurate readings. A DUI representative can raise doubt about the reliability of portable breathalyzer results.

Even a first DUI offense in Illinois can pose substantial hardships, including the loss of your driving privileges and vehicle registration in the event of a conviction. You will also face expensive fines and fees. Instead of assuming you have no chance of a defense, speak with an experienced legal representative – especially if you suspect the police made mistakes during your encounter – in order to construct the strongest possible defense.