How to Beat a DUI Charge and Why You Need an Attorney
Being charged with and convicted of a DUI in Chicago can have huge repercussions on your driver’s license and your criminal history. Individuals who are able to avoid a conviction after being charged with DUI may not have to face some of the more serious consequences, which is a high motivation to fight back against allegations of driving under the influence. So, can you beat a DUI case? Yes, in many cases it’s possible to have your charges dropped, be found not guilty, or receive a lesser charge. Here’s how you may be able to avoid a conviction for DUI, or better yet, beat a DUI charge.
How Can I Beat A DUI Charge?
Beating a DUI can happen when there is little or no evidence of impairment, such as swerving or weaving while driving, and no evidence of a driver’s blood alcohol level. For this to be the case, a person would need to refuse the Standardized Field Sobriety Tests and refuse any type of chemical testing (which is their right). Under these circumstances, it would be extremely difficult for the state to be able to prove the individual guilty beyond a reasonable doubt, which is the standard of proof in a criminal case.
Police officers' level of training in the area of traffic investigations and DUI investigations varies. Since a breathalyzer machine needs to be calibrated and used properly to get an accurate breath result, inexperienced officers may record an invalid result that will compromise the State’s case. Ideally, a driver should never submit to chemical testing or field sobriety tests; doing so adds more evidence of impairment and consumption and will hurt your case. If you have already taken a test, you still may be able to successfully keep out the result under some circumstances.
Do I Need A Defense Lawyer for DUI?
Your best shot at beating your DUI charge is to work with a Chicago criminal defense attorney who understands the laws and the burden of proof that is placed on the prosecution. Your attorney will point out to a judge or jury that there is insufficient evidence of poor driving, difficulty maintaining balance, following instructions, walking, talking, and so on.
Even if there is sufficient evidence of poor driving, difficulty maintaining balance, etc., the next question is whether or not the arresting officer had probable cause or a reasonable articulable suspicion to have stopped the driver in the first place. In many cases, a responding officer never sees the person actually driving a vehicle, or they respond to an incident where it is difficult to prove that the defendant was driving. An experienced DUI defense attorney may identify these potential issues and file what’s called a “Motion to Suppress Evidence” to see if they can eliminate or suppress evidence that the state would use against the defendant at trial. Additionally, police officers don’t always follow the proper protocol when they arrest a person for DUI. This can also lead to issues in the State’s case.
If all else fails and you just can’t explain away the facts of the case, sometimes an attorney can negotiate for an amendment of the charge. For example, what was initially a DUI charge may eventually be changed to Reckless Driving which includes significantly less severe consequences then DUI.
DUI Lawyer In Chicago, IL
People often find themselves in the unfortunate position of being unfairly charged with DUI without adequate evidence of the crime having been committed. When they find themselves charged with DUI, our clients trust Bernard Law to help fight back against DUI charges in Chicago, IL. Our criminal defense team understands how to use the applicable laws to your advantage when you are fighting for a not guilty verdict. Contact our team to discuss your case.