In an attempt to retain driving privileges, suspected DUI drivers are afforded the opportunity to plead their case at the DMV hearing. Although you have the right to present any evidence in your defense, it is important to understand that the state will already have evidence collected during your arrest that will be used during the Chicago DMV hearing.
These are some of the pieces of evidence that could be presented against you at your DMV hearing;
The Detailed Police Report
One of the strongest pieces of evidence that will be presented against you at the Chicago DMV hearing is the details of the police report. In this report, the officer will indicate what driving patterns were exhibited that gave them probable cause to perform a motor vehicle stop. The police dash camera can be entered into evidence when it shows the driver of the car was weaving in an out of traffic, driving under the speed limit, operating a moving vehicle at night without lights, or riding the lane markers. In the police report, there will be information about the demeanor of the driver, and how they responded to the questions offered by the officer.
Although this evidence is strong because the courts give more credibility to the arresting officer, but your DUI attorney does have the expertise to poke holes into the credibility of this evidence. There is little chance a judge will side with a driver that is without legal representation in these type cases.
Results of the Field Sobriety Test
The officer has at their disposal a number of different field sobriety tests that they can administer during a motor vehicle stop and that can be entered into evidence in your DMV hearing. The officer could ask the driver to stand with their eyes closed and lift one leg without moving or falling over. Officers can ask the driver to recite a section of the alphabet or to recite the alphabet backwards. Some officers prefer to have the driver walk a straight line, turn around, and walk back that same way.
Although each of these field tests can be used as evidence against the driver suspected of DUI, they are not always conclusive. The best Chicago DUI attorney can show that many of the field tests used during the motor vehicle stop would be very challenging for a sober person to complete successfully. Poking holes in the credibility of the test can go a long way to getting a favorable DMV hearing result.
Blood Alcohol Test Results
When the driver fails the field sobriety test or exhibits behavior that gives the police officer reasonable cause to bring the driver in on suspicion of drunk driving, a blood alcohol test will be administered at the police station. If the driver has a case of severe asthma, they may request to not take the breath test, so at that time a blood test will be given. If the driver refuses both tests, this refusal will be entered into evidence and brings with it the chance for more penalties to be added to the charges.
Your DUI attorney might have a hard time disputing the refusal, but it is not impossible. Regardless the results of the blood test and how it was administered, your attorney is working hard to make certain the rights of the driver were upheld, the testing was conducted correctly, and the equipment operates accurately.
Details of Driving History
The state can enter into evidence your driving history, especially if this is not your first DUI case. Although the ability to successfully defend a case with multiple DUI offenses is challenging, it is not impossible with the help of a Chicago DUI lawyer. The state is only presenting the driving record for face value, it is the responsibility of your attorney to show that this evidence does not accurately reflect the case being heard at the hearing. Although the driver might have a driving record that does include a prior DUI, that is not a clear indication the current arrest is one in the same. The two can not be considered the same just by association.
Your attorney will have to work hard to show the evidence in this case does not accurately represent what happened that evening, and the prior DUI should not seen as an indication of a persistent problem with this particular driver. Your attorney will make certain only the facts of this case are used in the final judgement.
Your Chicago DUI attorney has years experience at being able to cast doubt on much of the evidence presented against you during your DMV heating. When your livelihood and financial future swing in the balance, it is important that you have a skilled Chicago lawyer at your side fighting on your behalf for a favorable outcome.
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.