The results of your blood alcohol level can have a significant influence on your Chicago DUI case. Although this is one piece of evidence that can impact your DUI case, there are several other contributing factors that can enhance or diminish those results.
A skilled Chicago DUI attorney will be able to consult with you and explain how they can analyze all the evidence presented by the prosecution to see if they can discredit any or all of it.
Analyzing The Police Report
Before the officer takes does a blood alcohol test, they needed probable cause to pull your vehicle over. The officer will observe your driving and look closely for driving patterns that are consistent with a driver who may be impaired. Although many of these examples could be the result of being distracted or tired while driving, they do allow the officer the chance to get the driver to the side of the road to conduct a further investigation. The officer may have seen the car veering off the road, riding the center line, swerving around curves, or driving at a significantly lower speed than posted.
Your Chicago DUI attorney will have access to the police report and videotape of the driving patterns that resulted in your vehicle being pulled over. When things don’t check out, they could discredit the officer and test results.
Inspecting the Field Sobriety Tests
After the officer has the driver pulled safely to the side of the road, they will begin with questions that help them determine if this was an incident of a driver distracted or impaired. When the officer suspects the driver has been drinking, they can administer a variety of field sobriety tests to determine if their suspicions are confirmed. The officer might ask the driver to slowly walk a straight line, recite the alphabet in reverse, or stand motionless with one leg lifted in the air. These tests will determine if the officer feels the driver has been drinking and an arrest could be made.
The DUI lawyer you hire will be able to carefully analyze the results of the field sobriety testing to see if there are any discrepancies. There could be instances where a tired driver or a motorist using medications simply was unable to follow the instructions of the officer. The driver could also be afraid, intimidated, or simply did not clearly hear what the officer demanded they do.
Blood Alcohol Testing and Equipment
Once the driver is transported to the police station, assigned officers will prepare the testing equipment used to determine the blood alcohol level of the driver. The driver may refuse the breath test and opt for the blood test, or refuse both tests altogether. This refusal will take the place of the blood test and could result in additional charges and penalties on top of those associated with the DUI. The entire proceeding is recorded and your attorney can analyze everything to ensure the rights of the driver were upheld during the entire process. Regardless what the blood alcohol level, your attorney will be able to dispute that evidence through a number of procedures.
Your attorney will make certain the officer that conducted the blood alcohol testing had experience operating the equipment. Your attorney will make certain that the officer properly calibrated the equipment before the test was administered. Then your DUI lawyer will investigate the device and manufacturer, to make certain this particular piece of equipment does not have any history of providing false readings.
Creating Reasonable Doubt
The blood alcohol level revealed in your test will have an impact on your DUI case, but now comes the time for your attorney to put all the pieces together to try and discredit some or all of the evidence presented by the state. When the blood alcohol number is slightly above the legal limit of 0.08, your attorney might be in the position to poke holes in the field sobriety testing or driving pattern in order to get a beneficial ruling. Showing that you didn’t exhibit outrageous driving patterns, and that perhaps medication or being tired affected your field test, your attorney could get a favorable ruling.
In many cases, your DUI attorney is able to cast doubt and show no record or prior history, resulting in the judge dropping the charge from DUI to reckless. The reckless charge carries far less in the way of penalties, and will not result in loss of license.
Working with the best Chicago DUI attorney is your best chance to casting doubt on any evidence and discrediting the information provided by the arresting officer. Although the courts do give the officer significant credibility in these cases, your Chicago DUI lawyer has decades experience at being able to show that some doubt exists.
The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. Learn more about DUI by reading this wikipedia page.