Possible Illinois DUI Defenses?

Reader’s Question:

My cousin is thinking about getting a DUI lawyer to help him on his DUI charge in Illinois. What are the possible defenses that he can use on his DUI case?

Floyd

Skokie, IL

There are a lot of challenges and defenses that your cousin could use on his DUI case in Illinois. So let’s start with the challenges to the DUI stop. First of all, he can use as a defense that the officer didn’t have a valid reason to pull your cousin over or no police officer actually saw your cousin driving. Another defense is with regard to the challenges on probable cause to arrest your cousin if the officer didn’t have enough reason to arrest and if the officer didn’t use proper technique and graded him unfairly.

Next are the motions to suppress evidence like if the Miranda Fifth Amendment rights were violated and if your cousin was not warned of his implied consent rights. Evidence can also be suppressed if the police officer searched the vehicle illegally and coerced your cousin into performing field sobriety tests. The police officer could have manufactured the evidence and a good DUI lawyer can definitely find out about it.

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.