How to Defeat an Unfair DUI Charge

 Posted on November 23, 2022 in DUI

It may be hard to fathom that the average convicted drunk driver will get behind the wheel of a car 80 times before being arrested. With nearly 12,000 alcohol-related deaths, we are seeing a 14 percent increase since 2019. For that reason, the legal consequences are severe, especially for repeat offenders. At The Law Office of Brian J. Mirandola we understand that drunk driving is a problem but so is being wrongly accused of DUI. The repercussions are not fair if there are flaws in the arrest.

Seek Legal Help

Too many drivers do not seek legal help because they are embarrassed. But an unfair DUI conviction will have a lasting impact on your life. A key factor to remember is that it takes about an hour or more for alcohol to become fully absorbed into your body. So, if you had a drink before driving you may not be legally impaired while driving, even if a chemical test shows a BAC over the legal limit.

The first thing you should do is seek an experienced DUI attorney who will review your case and craft a strong defense.

Specific Ways to Fight a DUI

From the moment a police officer decides to pull you over, the office must handle the entire interaction properly. If the officer does not, there are some specific defense strategies we could use if you are facing unjust DUI charges.

• Mistaken Observations – A wrongful charge can happen when it is based on a police officer’s mistaken observations or bias of a driver being under the influence. This is where a skilled DUI attorney comes in. You can challenge the officer's observations or present evidence that might challenge those observations. For example, the officer could indicate that you were arrested because your speech was slurred. A valid defense could be that you suffered from a lack of sleep. Or, maybe the officer focused on your appearance, including bloodshot eyes or indications of stumbling. Your defense could again be lack of sleep or, perhaps, allergies.
• Field Sobriety Tests – If you were asked to walk in a straight line or recite the alphabet backward, you might not have performed up to the officer’s expectations. However, if the officer asked you to perform anything other than Standardized Field Sobriety tests approved by the National Highway Transportation Safety Administration (NHTSA), there is no standard against which to compare your results. In addition, the officer must be properly trained in conducting the tests, or the entire battery of tests could be excluded from your case. 

Improper Chemical Testing

Improper procedures during a breath or blood analysis could lead to inaccurate results of your blood alcohol content or BAC. Specific procedures should be followed to administer chemical tests and to maintain and calibrate the machines. A forensic chemist could argue that eating some foods or taking medications within certain periods before the test may lead to a false reading. You may be able to challenge the results due to an incompetent technician or faulty machine.

Contact an Aurora, IL DUI Lawyer

If you are charged with DUI, you need a qualified Kane County DUI attorney. Whatever your circumstances may be, contact The Law Office of Brian J. Mirandola to examine your case and find possible weaknesses in the prosecution’s case. Call 847-488-0889 for a free consultation.

Sources:

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=062500050HCh%2E+11+Art%2E+V&ActID=1815&ChapterID=49&SeqStart=120700000&SeqEnd=123000000

https://madd.org/wp-content/uploads/2022/04/Drunk-Driving-Facts-04.12.22.pdf

https://www.nhtsa.gov/risky-driving/drunk-driving