Common defenses in DUI cases

If you are arrested for driving under the influence of alcohol in Illinois, there are several defenses that you could pursue. If you did consume alcohol before getting behind the wheel, you may be able to mount an affirmative defense in certain situations. When a defendant in a criminal case mounts an affirmative defense, they introduce evidence that explains and mitigates their actions.

Common drunk driving defenses

Most defenses in drunk driving cases either challenge the validity of toxicology evidence or question the actions of the police officers involved. Breath test results may be excluded if the equipment used by law enforcement was not properly maintained and calibrated, and a blood test result could be challenged if the prosecutor cannot provide a complete chain of custody for the sample that was tested. DUI defenses that question the behavior of police officers usually challenge the legality of traffic stops. Police officers violate rights protected by the Fourth Amendment when they pull vehicles over without the requisite reasonable suspicion.