10 Ways to Beat a DUI

Lawyer for DUI Defense Strategies in Chicago

Being arrested for DUI can be frightening and overwhelming. A conviction for driving under the influence can result in serious penalties, including license suspension, fines, jail time, and a permanent criminal record. However, a DUI charge does not automatically mean that you will be convicted. With the right defense strategy, it may be possible to challenge the evidence against you and fight for a dismissal, reduced charges, or alternative sentencing.

At Miranda Law Office, LTD, we help clients in Chicago protect their rights and defend against DUI charges. Attorney Miguel Miranda knows how to identify weaknesses in the case against you and help you defend against a conviction. Below are some of the potential strategies that may be used to fight a DUI charge in Illinois:

1. Challenge the Legality of the Traffic Stop

Police must have valid reasons to pull drivers over, and they cannot stop someone simply because of a hunch or suspicion. An officer may perform a traffic stop if they observed a traffic violation like speeding or an illegal turn, or they may pull drivers over for issues such as broken taillights. However, if an officer stopped you without legal justification, any evidence gathered during the stop may be suppressed, which can lead to a dismissal of your case.

2. Question Field Sobriety Tests

Police officers will often ask drivers to perform sobriety tests at the side of the road. Standardized field sobriety tests involve activities like standing on one foot or walking in a straight line. These tests are highly subjective, and they are prone to errors. Physical conditions, weather, uneven pavement, or even nervousness can affect performance. These factors may be used to challenge the reliability of the officer's conclusions.

3. Dispute the Accuracy of a Breathalyzer Test

After an arrest for DUI, police officers may administer breathalyzer tests to measure the level of alcohol in a person's system. Breath testing devices must be properly maintained and calibrated to produce accurate results. If the machine was not correctly calibrated, or if there were errors in how it was used during a test, the results may be unreliable and inadmissible in court.

4. Examine the Administration of Chemical Tests

Police officers may perform lab tests to measure blood alcohol concentration (BAC) by taking blood or urine samples. However, blood and urine tests are subject to errors, including when samples are not collected or stored properly or when they are contaminated during testing. Chain-of-custody issues or lab mistakes can compromise the results, and our attorney can address these issues and challenge these tests.

5. Argue Rising Blood Alcohol Concentration

Alcohol takes time to be absorbed into the bloodstream. If there was a delay between when you were stopped and when your BAC was tested, the level of alcohol in your system may have risen during that period. This can create an inaccurate picture of your level of impairment at the time you were driving.

6. Show That Medical Conditions Affected Test Results

Certain medical issues, such as diabetes or acid reflux, can affect the way the body processes alcohol while also causing the readings of breathalyzer tests to be inaccurate. Our attorney can present medical evidence to explain how these factors may have affected the test results.

7. Highlight Improper Police Procedures

Law enforcement officers are required to follow specific procedures when conducting DUI investigations. Failure to properly advise you of your rights, mishandling evidence, or deviating from established protocols can provide grounds for evidence to be excluded.

8. Challenge an Officer's Observations of Impairment

Officers often claim that a person had bloodshot eyes or slurred speech or that they smelled alcohol on a person's breath. However, there are many alternate explanations for these factors, including fatigue, allergies, or other issues that are unrelated to alcohol or drug use. Our lawyer can work to discredit the subjective observations of police.

9. Contest the Use of Non-Standardized Tests

Some officers may use non-standard field sobriety tests that have not been approved by the National Highway Traffic Safety Administration (NHTSA). Examples include asking you to touch your finger to your nose or recite the alphabet in reverse. These tests lack scientific validation, and they can be challenged in court.

10. Investigate Potential Violations of Your Constitutional Rights

Your Fourth Amendment rights may have been violated during a traffic stop if police conducted a search of your vehicle without your consent or did not inform you of your Miranda rights. Our attorney can take steps to suppress any evidence that was obtained illegally and address other illegal actions by law enforcement.

Contact Our Chicago, IL DUI Defense Attorney

There are numerous strategies that may be used to address DUI charges and help you defend against a conviction. The team at Miranda Law Office, LTD can advise you of the best steps to take during your case while providing the representation you need. Contact our Chicago DUI lawyer and arrange a consultation by calling 773-588-3822. Whether you speak English or Spanish, we are here to provide you with effective legal help.