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Four common DUI defense strategies

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Posted on April 1, 2021

A drunk driving conviction has the ability to change the trajectory of an Illinois resident’s life. Repeat offenders may end up imprisoned and have their licenses taken away for a long period of time. This is why it is important to fight DUI charges from the onset and an experienced attorney can provide useful guidance on which DUI defense works best for one’s individual circumstances. Common drunk driving defenses are as follows:

  1. One of the most common defenses used is that of an improper stop. An officer can only stop a vehicle if he or she had probable cause. If they didn’t have it, it can be considered an improper stop and therefore illegal.
  2. Accuracy of the field test can be questioned. If the field sobriety test was not administered correctly or the results were inaccurate, the arrest can be ruled illegal. The horizontal gaze nystagmus test is regularly challenged in court.
  3. Accuracy of the Breathalyzer test can be challenged. The breathalyzer test results can also be challenged, perhaps because the officer administering it lacked training or because of the presence of intervening factors. The defense can also claim the device is not properly calibrated.
  4. Blood alcohol concentration can rise between the time the traffic stop took place and the time the breath test took place. This is possible if the alcohol was recently ingested and was not properly absorbed into the system.

There are also other defenses that an accused may utilize, depending on each defendant’s individual circumstances. To understand how one to best fight a DUI charge, it might be useful to consult an experienced attorney.