When it comes to criminal laws and punishments, each state creates its own. When it comes to driving under the influence, the legal BAC limit for almost all states is 0.08 (Utah recently lowered its limit to 0.05), but the consequences of breaking that law differ greatly between states. Some states, like South Dakota, have no minimum jail sentence or fines for first or second-time DUI offenders. Illinois has some of the strictest DUI laws in the country, with a first offense resulting in an administrative driver’s license suspension, fines and possible jail time.  

Defense Strategies

Being accused of driving while under the influence of drugs or alcohol is a very serious matter. Even if you are not convicted, you can face a driver’s license suspension and the arrest may appear on your criminal record during a background search. It is crucial that you have help from an experienced DUI defense attorney if you are facing DUI charges. Your attorney will be able to examine your situation and determine what the best defense strategy would be for your case. Common defenses to DUI charges include:

• You Were Not Read Your Miranda Rights: Since the Miranda v. Arizona decision in the U.S. Supreme Court, every American citizen must be read their constitutional rights before they are questioned by police. These rights include your right to remain silent and your right to not speak until you have talked to an attorney. If you did not have your rights read to you before you answered questions or your rights were not completely read, your attorney can use this as a defense to bar evidence from after your arrest. 
  
• You Were Unlawfully Pulled Over: Police cannot just pull you over for no reason – they have to have what is called “reasonable suspicion,” which means they must have a legitimate reason to believe that you have done or are doing something illegal.
  
• Your Chemical BAC Test Was Inaccurate: Nothing is perfect, not even chemical BAC tests. During traffic stops, portable breathalyzer tests are often used to establish a suspect's BAC. Medical conditions like acid reflux or diabetes, as well as improperly maintained equipment, can produce inaccurate results.

Hire a Will County DUI Defense Lawyer to Help With Your Case

If you have been arrested for driving while under the influence of drugs or alcohol, you should immediately contact a knowledgeable Joliet, IL, DUI defense attorney. At the Law Office of John S. Fotopoulos, P.C., we understand how a DUI conviction can affect your life. We will do everything in our power to avoid a conviction. Call our office today at 708-942-8400 to schedule a free consultation.

When an Illinois police officer suspects you of DUI, you may be asked to take one or more field sobriety tests. By law you do not have to agree to such tests. Moreover, if you take a test and “fail,” based on the officer's judgment, it may be used against you as evidence in court.

Court Rejects Peoria Officer's Arrest Based on HGN Test

However, not all field sobriety tests are afforded the same weight by judges. Nor does failure necessarily prove that you were intoxicated above the legal limit in Illinois. Therefore, it is important to challenge any test result that may be inaccurate or improperly administered by the police.

Normally an Illinois police officer must have probable cause to stop you on suspicion of a DUI. The Fourth Amendment to the U.S. Constitution protects all individuals against “unreasonable” seizures by the police. However, what if an officer stops to speak with you for another reason and subsequently discovers evidence that suggests drunk driving?

Court Reinstated Driver's License Suspension

The Fourth Amendment does not apply to “consensual encounters” with the police. In other words, if you speak to the police voluntarily, and not under coercion or detention, you cannot later invoke the Fourth Amendment to claim any evidence obtained against you was an illegal search. Of course, it may not be obvious to you at the time that an encounter was “consensual.” Consider the following case in point.