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.

Illinois DUI Traffic Stop – Why Was I Stopped?

Reader’s Question:

When I was arrested for DUI here in Evanston, Illinois, I really didn’t understand why the officer asked me to pull over. I don’t remember that I committed any traffic violation. What are the possible reasons why an officer could ask a driver to pull over because of a DUI suspicion?

Bonnie

Evanston, IL

On your DUI arrest in Evanston,, the police officer should have had a ‘reasonable suspicion’ to pull you over. It may constitute a ‘reasonable suspicion’ if the police officer observed that your vehicle was swerving over lanes. Similarly, if you were driving with a broken headlight, broken taillight, driving too fast or even with your high-beams on (in traffic), that could also be sufficient ‘reasonable suspicion’ to pull you over. But if after an investigation of your DUI case that it is discovered that your broken taillight was nothing more than a crack in the red plastic, or if you were driving with your high-beams on and a significant distance from other vehicles, the DUI stop would be considered illegal and an appropriate motion to suppress and could result in an order excluding all evidence after the illegal stop.

The evidence that can be excluded would be the police officer’s observations, breath test results, field sobriety tests and anything else that the state attorney might rely on to obtain a conviction. It has also been found that minor swerving within lanes could be an insufficient reason for an officer to stop your vehicle. Similarly, since newer vehicles are equipped with three or more tail lights, a DUI stop for a malfunctioning tail light is improper if two of the three tail lights on your vehicle were operating properly

Illinois DUI Case Going to Trial – How Long Will It Take?

Reader’s Question:

I just wonder how long it will take if I fight my DUI case here in Illinois. I am thinking that I just work out a deal rather than going to trial to get this over and done with. Is it true that a DUI trial could take months?

Zaire

Berwyn, IL

Yes, if you take your DUI case in Berwyn, Illinois to trial in front of either a judge or a jury, it would take you some number of months. There could be two or three court dates before a trial, which would probably be six months out. It could take a total of six months to a year for the case to be resolved for a jury trial. There is a possibility to skip preliminary motions and schedule a bench trial immediately in some circumstances. This would usually limit your DUI defense options so it does have disadvantages but it could give you a chance to resolve the case in two months or less.

If you work out a deal rather than going to trial, it would be very likely that you can have the minimum penalty available under the law. Your DUI case would be continued without a finding for one year. The judge would suspend your license for 45 days (consecutive with the six-month breath test refusal or 90-day failure suspension), and you would pay a number of fees and fines. The conditions of your probation would be that you attend and complete the alcohol education program.

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.

Convicted of Drunk Driving In Illinois?

Reader’s Question:

I know someone who has been charged with DUI here in Illinois. He’s in trial right now and by the looks of it, he will be convicted but he’s lawyer is doing everything to at least shorten the jail time and reduce the fines. I wanna make sure that the same thing will not happen to me. I don’t deny that I have been drunk or maybe drove under the influence of alcohol once or twice. What advice could you give me if I will be caught drunk driving?

Jackie

Springfield, IL

It is unlawful to drive under the influence of alcohol or drugs in Illinois. It is strongly advised that people should not drive alone while in an intoxicated condition. Drivers who are caught doing this are charged with a criminal offense. It is very important that you know what to do if you are stopped by a patrol officer on a DUI suspicion.

In case you can’t avoid drinking and getting behind the wheel, you should have a favorable witness along with you in your car. Eye drops should be applied to mask bloodshot eyes, which strongly imply a person’s drunken condition. If you will be caught drunk driving, you should not take a portable breath test or any field sobriety tests (FST) while in an intoxicated condition because you are not required by law to do so. You should also indicate that you are confused about your legal rights. You should be advised by the officer to ask for a lawyer before questioning and after Miranda warnings are given. You should not information as to how much you have been drinking and what you were drinking. All implied consent warnings should be fully read to you by the police officer. You should also be polite and courteous regardless of how rude a police officer may be towards you. While blowing into the Breath analyzer, you should not blow hard because blowing hard may reflect a higher than normal reading.

Lastly, if in any unavoidable circumstance that you will be charged with DUI, make sure that you consult and hire an experienced Illinois DUI lawyer to give you detailed advice, to represent you, and to make sure everything will be done for you to avoid serving in jail and hefty fines.

Illinois DUI – How Much Does Ignition Interlock Cost?

Reader’s Question:

My daughter is in trial right now because of a DUI charge here in Illinois. Aside from the grueling fact that she might be paying a hefty fine, I was told that she would have to install an ignition interlock device in her car if she will be convicted. What is this machine and how much does it cost?

Steve

Naperville, IL

An ignition interlock device measures blood alcohol content (BAC) level of the driver by blowing into it and if alcohol is detected, it prohibits the car from starting. It would also test drivers periodically while the car is running.

The ignition interlock law in Illinois for DUI convicts is being called the most stringent in the country. It was mandated in September 2007 for people with one drunk driving conviction in the state. So even first-time DUI offenders are required to install ignition interlock devices in their vehicles. The Secretary of State’s office will monitor all breath test results from the ignition interlock devices.

Under the new Illinois ignition interlock law, the ignition interlock device would be rented and cost $150 to install. The monthly fee would be $100, just another reason to not drive under the influence of drugs or alcohol. This monthly cost would cover monitoring by the Secretary of State’s office and the ignition interlock manufacturer.

DUI Breath Test Refusal in Illinois Traffic Stop

Reader’s Question:

I was charged with DUI here in Illinois two days ago. I refused to take any blood alcohol test. I was advised by a friend about the 10-day rule before they could even suspend my license. What happens if I am unable to do this?

Lisa

Chicago, IL

Thanks for asking, Lisa.

In the state of Illinois, if the driver refused to a blood alcohol test, or if submitted and have a breathalyzer result of 0.08 or higher for age 21 or more, .04 or higher if driving a commercial vehicle, or .02 or higher if under age 21, the state will attempt to suspend your license for one to five years. In most case, this attempt to take away your right to drive will occur before trial. This would be automatically entered against you unless you file an “appeal” letter within 10 business days after the date of your arrest.

You will have an administrative driver’s license suspension for one to five years before you even go to trial on your DUI offense if you don’t request a hearing. You have a fighting chance to keep driving until your DUI case comes to court if you were able to request the hearing.

Failed Breath Test Should I Hire a DUI Attorney in Illinois?

Reader’s Question:

I took the DUI breath test and it was over the limit. Do I still get a chance with my case? Should I hire a lawyer?

John

Thank you for asking John.

There is always hope if your DUI lawyer is experienced of those numbers and knows all the ways those numbers can be wrong. The DUI breath test being used by police officers in Illinois does not measure alcohol specifically, and can make many types of errors and mistakes. According to the National Highway Traffic and Safety Administration (NHTSA), field sobriety tests are only 65% reliable, and breath, blood and urine testing can be similarly unreliable. Some of the factors that can lead to inaccurate results include improper administration, faulty equipment, faulty analysis and other factors.

An experienced and expert DUI lawyer knows how to examine the breath testing records to determine whether the machine that produced it was working improperly or if there are other reasons to believe the number it printed out was inaccurate.

Goodluck!

MariCAR