With the summer in full swing, law enforcement is reminding drivers to drive safely and unimpaired. July and August bring more police DUI checkpoints and greater police vigilance when it comes to pulling over drivers. Police may suspect a driver of intoxication simply because more people are out and about, enjoying the beautiful weather and grabbing drinks with friends. This does not mean that every individual who is pulled over this summer has actually committed an offense. The following are some basics about DUI prosecutions and how they work.
Per se DUI in Illinois
Per se DUI is when you have a BAC over .08 or higher. The prosecution can assume that the tests are accurate and if they can establish your BAC was .08 or higher, that is enough to prove you are guilty of DUI. However, the tests are not always accurate. They have margins of error. They can also be performed incorrectly.
The margin of error for even the best breathalyzer tests is .01. This means that if your BAC is right on the cutoff of .08, you may be able to argue that a per se DUI prosecution is impossible. But this will not completely upend the prosecution’s case.
Breathalyzer tests and blood tests are fairly novel technologies that have been employed since the 1990s. However, prior to that, DUI laws still existed. That begs the question: How did police prove DUI in these cases without chemical testing?
Your Driving Was Really Bad
Police do not need a chemical test to prove that you were driving under the influence. They can prove that using circumstantial evidence. As an example, if you are failing to maintain a lane, they can say that they pulled you over for that reason. They then smell alcohol on your breath and note that your eyes are watery and bloodshot. They will arrest you on suspicion of DUI and then order a blood test. You must consent to turn your blood over to the police. The Fifth Amendment only applies to utterances made under oath. So, even if you do not have to incriminate yourself, your blood is allowed to incriminate you.
Even if the chemical testing turns out to be inaccurate, prosecutors still have an alternative. The standard for a criminal case remains high, but juries will want an alternative explanation for why your driving was bad enough to get yourself pulled over.
Defenses to DUI
Challenging chemical tests can be difficult but there are numerous defenses available. When it comes to storing blood after a draw, it must be refrigerated nearly immediately to avoid fermentation of the blood. Fermented blood tends to produce exaggerated results. A defendant can also argue that their BAC was below the legal limit when they were arrested and above the legal limit when the blood was drawn. This is known as a “rising BAC defense.” Lastly, an officer must have probable cause to draw your blood. If they do not have a good reason, you can quash the evidence.
Talk to a Cook County DUI Attorney Today
If you need representation for a criminal charge in Cook County, Glasgow & Olsson is uniquely qualified to help. When you need an attorney, experience matters. Contact us today to learn how our experience can get you the results you deserve.