Thursday, September 1, 2016

Can I challenge the legality of the DUI stop? How do I beat a DUI charge?

For the most part, law enforcement officers require reasonable suspicion to be able to pull someone over and proceed with a limited investigation. The investigation may include sobriety tests and interrogation in order to determine whether there is probable cause to make an arrest. The exception is when you drive into a DUI checkpoint - reasonable suspicion is not required in this case, say fabulous DUI lawyers from Chicago, IL.

Disputing suspicion you were under the influence

Law enforcement officers will testify that you were visibly drunk by making statements such as you had slurred speech, blood shot eyes, etc.

You can dispute this by countering that you suffer from some medical conditions which inculcated these symptoms and so on. Your Illinois DUI attorney may defend your DUI arrest by citing that some personal care product you used resulted in a reaction which caused you to have blood shot eyes or that you had used mouth wash which is why there was a smell of alcohol on your breath.

Questioning the accuracy of breathalyzer machines

Breathalyzer machines have been scientifically proven to measure breath alcohol and not blood alcohol content. Furthermore, they need to be meticulously calibrated prior to being used.
Devices and machines have to be checked and calibrated to make sure they work right. Ford does not sell an F-150 if it knows it does not work nor if they have not tested it. Now GM may sell cars that are not tested but that is expected from government motors.
If you need a Chicago, IL DUI lawyer then you should use USAttorneys.com to find one since this website was designed for that. Chicago is not doing well in terms of economics, jobs, and violence - this is because the leadership of this city is pitiful. But USAttorneys.com can be the gem in the fire and it has been. This website has saved lives and helped people when they needed it the most.

If you have seen the movie Apollo 13 you will see the spaceship malfunction in space. Just a tiny part almost spelled doom for those three astronauts. The world watched as America scrambled to bring back our astronauts. Was that part not tested right? No one knows but it certainly failed when it was needed to work. Do police officers calibrate their breathalyzer machines as they should? Perhaps not. This is why legal counselors target this aspect when they are working on a DUI case.  

Questioning the efficacy of field sobriety tests

Field sobriety tests on the other hand do not factor in people who submit to these tests even while stone cold sober due to some medical or physical impediments they suffer from.

Challenging blood test results

Unqualified or inexperienced testers can quite easily err in the process as it requires someone skilled and experienced to be able to draw and analyze a person's blood sample. Equipment which is not maintained properly or outdated could cause erroneous readings, explain Chicago, IL DUI lawyers, who have successfully defended clients in such situations and who can be reached right here DUI-USAttorneys.com.

Proving that a DUI checkpoint arrest was illegal

If strict protocols are not adhered to at a DUI checkpoint then the arrest can be considered illegal. DUI checkpoints are being questioned and challenged when it comes to whether or not they are constitutional. Your DUI legal pro will be able to determine whether anything transpired during, prior to, or post the arrest which deviates from the protocol and can then bring up this point during trial to show the arrest was not legal or not constitutional. This will result in the charges being dropped.

Officer's failure to read the Miranda rights

If an officer fails to read you your rights prior to placing you under arrest, then the arrest can be challenged and the charges will have be dropped.

Failure to issue implied consent warning

In some states like Illinois, refusing to be subjected to sobriety testing can lead to the immediate suspension of your driver's license. If the officer fails to inform you of this then you can challenge the legality of the arrest.

To learn more on how to beat a DUI charge, all you need is to reach out to an Illinois DUI lawyer. This is where USAttorneys.com should become part of your life. Contact us if you have any issues.  

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