The owner of a successful real estate firm in Schaumburg had a banner year in 2021. The low-interest rates combined with a low supply of houses led to one of their best years yet. He is feeling excited about his successes and wants to celebrate with his employees. He decides to host a Super Bowl party at a popular bar in Schaumburg with a television in the room. He rents out the party room and tells his employees that the bill is on him, including alcohol. His employees are having a great time, and he decides to join in on the fun.
Although he is typically responsible in drinking, he decides that he will let go a little and join in on some drinking games. Before long, he has had quite a bit to drink. On his way home, he side-swipes another driver. When the police arrive at the scene, they suspect intoxication. The officer is asking him to do a breathalyzer test, and the man is worried about being charged with a DUI.
If you have been charged with a DUI over the Super Bowl weekend, you are not alone. It is essential that you discuss your case with an experienced attorney who can help you develop your legal defense as soon as possible.
Improper Field Sobriety Tests
Conducting field sobriety tests requires training and following a strict procedure. When an Illinois police officer pulls someone over for suspected drunk driving, the officer can put the driver through a series of field sobriety tests, such as:
- The walk-and-turn
- The nystagmus test
- The one-leg stand
These tests are not always accurate, and they leave plenty of room for error. If an officer does not give the tests according to known standards, the results may not be reliable. Field sobriety tests do not always take into account extenuating circumstances. For example, someone with an inner ear problem may have difficulty walking in a straight line, even when sober.
Inaccurate Blood or Breathalyzer Test
Breathalyzer machines are famously inaccurate when they are not used correctly. When testing a suspect’s breath or blood, the officer must use certain procedures. For example, the crime lab must handle the blood sample delicately to ensure it has been properly calibrated. These tests can have a wide margin of error when:
- The machine is not properly calibrated
- The machine mistakes certain types of food for alcohol content
- The machine interprets vomit, blood, or environmental elements for alcohol
The Police Officer Lacked Reasonable Suspicion or Probable Cause
Police officers must have a reasonable suspicion that a crime has occurred to pull over a driver for a DUI. The only exception is for DUI checkpoints. In that case, they do not need reasonable suspicion to talk to a driver. They need probable cause before they can search a vehicle or arrest a driver for a DUI.
Contact a Chicago Criminal Defense Attorney
At Glasgow & Olsson, our award-winning criminal defense lawyers have a proven track record of success in many high-profile state and federal criminal cases. Contact Glasgow & Olsson today to schedule your initial consultation to learn how our legal team can fight for your rights if you have been charged with a crime.