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 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maintained properly or outdated could cause erroneous readings, explain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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