DUI – DWI Breath Tests in Illinois

Reader’s Question:

Hi, I live in Bloomington, Illinois and my question is about the breath test that is used in a DUI investigation. What are the usual flaws that a breath testing machine has?

Elsie

Bloomington, IL

The breathalyzer or a breath testing machine used in Bloomington, Illinois, or anywhere in the state for that matter, operates using infrared analysis. Unfortunately, infrared analysis is prone to many flaws; so breathalyzer tests do not always provide accurate results.

The major flaw that infrared “breathalyzers” are prone to is specificity. The designers of the breathalyzer or the breath test machine understood this and attempted to diminish the chances of this flaw causing problems by using two wavelengths. The onboard computer coordinates sequencing and automatic calibration, which enables easy use and limits errors. Also, the software had the option to be calibrated to meet the requirements of various jurisdictions or agencies. The breath tube used by the breath test machine is detachable and has a concealed wire-wrapped antenna that is used to detect any radio frequency interference. The detector should be at near freezing; this must also be monitored by the computer.

DUI Field Sobriety Tests in Illinois

Reader’s Question:

If in case I am stopped for DUI in Arlington Heights, Illinois, what do you think I should do if a police officer asks me to watch his pen or do physical agility tests?

Herman

Arlington Heights, IL

You have to remember that if you are stopped for DUI in Arlington Heights, Illinois, you don’t have an obligation whatsoever to submit to any physical tests like watching a pen, walking a line or balancing on one leg. There would be no legal penalty for refusing these kinds of tests. The officer might tell you that you will be arrested if you refuse to do the tests and don’t fall for a line like that. You could be arrested when you refuse, but the police officer has already decided to arrest you before he asked you to do the tests. It could help a lot in your DUI defense if you politely and respectfully decline the tests prior to consulting with a lawyer.

Regardless of how well you might think you would do on the tests, you would learn you failed the tests. Even police officers who have already done the tests hundreds of times fail to administer the tests by the book. If the police officer asks you to perform the tests for him, politely tell the officer that you should speak to a lawyer before deciding if you would perform any test the officer might ask you.

DUI Blood Alcohol Test in Illinois – How Accurate Are They?

Reader’s Question:

I know that there are certain ways to measure alcohol in the system during a DUI investigation in Wheaton, Illinois. What is the most accurate scientific method for alcohol testing?

Jaden

Wheaton, IL

Even if consumed in small amounts, alcohol could have a noticeable effect on the body. When taken in large amounts, alcohol could act as a sedative and depresses the central nervous system. Blood alcohol test is commonly used to find out whether a person is legally drunk or intoxicated. Blood alcohol test checks the amount of alcohol in the blood if a person is suspected to be driving under the influence. In a DUI investigation in  Illinois, consent may be required, but refusing to take the test could have legal consequences.

Blood alcohol content (BAC) is the standard for measuring the degree to which an individual is impaired by alcohol. Studies show that there is a direct correlation between the BAC and the degree to which reactions and judgments are impaired. Gas Chromatography is the method used for blood alcohol testing and is considered the most accurate forensic quality test in the industry today. But drawing of blood is an invasive and expensive procedure.

DUI Field Sobriety Tests in Illinois

Reader’s Question:

I was often told that if I will be stopped for DUI here in Springfield, Illinois, I should not take any field sobriety tests because it will not be against the law if I to refuse to take it. If that is the case, why do police officers still ask a person suspected for DUI to do it instead of asking to take chemical test?

Caiden

Springfield, IL

Field Sobriety Tests (FST’s) are psychophysical tests used to evaluate an individual’s physical and/or mental impairment. FST’s focus on the skills that are needed for safe driving. Most of the FST’s known to be more ‘reliable’ psychophysical tests are known as “divided attention” tasks. This kind of FST would require an individual to concentrate on more than one task at the same time. A driver needs to drive safely a car by simultaneously control steering, breaking, and acceleration; react to constantly changing driving environment; and perform many other tasks.

Alcohol affects an individual’s ability to adequately divide attention, thus causing drivers to concentrate on more difficult tasks while ignoring simpler ones. Even when impaired, most of us can successfully concentrate on a single task fairly well, but most drivers could not successfully divide their attention between multiple tasks at once. What you have been told is right that if you will be stopped for DUI suspicion in Springfield, Illinois, you don’t necessarily have to submit to FST’s. The sole reason why police officers ask someone to take these tests is to create a probable cause for a DUI arrest and also to gather evidence that can be used in a DUI court case trial.

Illinois DUI Field Sobriety Tests

Reader’s Question:

A friend of mine is suffering from vertigo which is a type of dizziness. He was arrested for DUI in Illinois and failed the field sobriety tests. My assumption is that he cannot perform the tests well because of his health problem. Can he actually use this as a defense?

Warren

Decatur, IL

The walk and turn and the one leg stand are two of the three Standardized Field Sobriety Tests (SFST’s) which are premised on the assumption that people who are not under the influence of alcohol or drugs can perform the tests satisfactorily. But a lot of people do not have particularly good balance and there are also those who suffer from a balance disorder.

An individual has difficulty maintaining orientation when balance is impaired. An example is that the individual may experience the “room spinning” and may not be able to walk without staggering or may not even be able to arise. A symptom which a person with a balance disorder may experience a sensation of dizziness or vertigo. Some reactions to this symptom are depression, decreased concentration and fatigue. This symptom may last for a longer period of time or appear and disappear over short time periods. Since vertigo is usually associated with a problem in the inner ear balance mechanisms, this may greatly affect the results of walk and turn and one leg stand. Thus, your friend can use that as a defense in his DUI charge in Decatur, Illinois.

Illinois Blood Alcohol Test – Do You Refuse?

Reader’s Question:

I have heard from someone that Kane County, Illinois is implementing a no-refusal weekend with regard to blood alcohol testing for people suspected of driving under the influence. What that this mean and how helpful would this be in the prevention of DUI?

Lucy

Elgin, IL

Kane County, Illinois officials say that people suspected of driving under the influence will only have the choice to either voluntarily have their blood alcohol content measured by urine, blood or breath test or they will have their blood drawn involuntarily.

The Kane County’s State’s Attorney recently announced the No Refusal Weekend but did not answer questions about what weekend the forced blood draws will occur. Search warrants have been written in advance in preparation for No Refusal weekend. Police officers would only have to fill in specific details in each DUI case and have an assistant state’s attorney review it before it is signed by a judge. The Kane County Health Department would supply phlebotomists to do the blood draws.

Officials are also optimistic that when faced with an order for an involuntary blood draw, most DUI suspects would agree to take a breath test instead and that more DUI suspects would take plea deals rather than go to trial.