On the morning after the 4th of July, you are driving home from your best friend’s home. Before you can reach your house in Schaumburg, a police car signals for you to pull over.
You speak with the police officer for several minutes and, due to the results of a blood alcohol test you consent to take, are subsequently charged with your first DUI.
No matter the facts underlying your DUI, this is a very serious charge that will change your life. These changes will not be positive, and your lifestyle will likely change as a result.
Going over the three defenses you can use if you get a DUI on the 4th of July and speaking with an experienced Chicago DUI defense attorney will help you obtain the “Not Guilty” verdict you are looking for.
Defense 01: The Officer Did Not Have Probable Cause To Pull You Over
A police officer can pull you over if they have a reasonable suspicion that a crime has been committed or probable cause to do so.
For example, if a police officer observes you driving erratically, they can pull you over. This is because they could argue that they thought you were driving while under the influence.
On the other hand, if a police officer has no reason to believe you are committing a crime, they have no basis for pulling you over. And, if this is the case, they cannot legally stop you.
You and your attorney can argue that the police officer who pulled you over and conducted your blood alcohol test did so without probable cause. Making this argument successfully can lead to your DUI charges being dropped.
Defense 02: You Were Not Intoxicated
You can only be charged with a DUI in Illinois if you were, in fact, driving while you were under the influence of a controlled substance.
If you were not driving while under the influence of a controlled substance, you cannot be charged with a DUI of any sort.
You and your attorney can argue that you were not intoxicated. And that anything that suggested you were intoxicated – the observations of the police officer who pulled you over, for example – was, in fact, erroneous.
Defense 03: The Blood Alcohol Test Was Conducted Improperly
A blood alcohol test is conducted using very specific equipment. This equipment can malfunction. It can also be handled improperly.
You and your attorney can argue any one of the points outlined above. Doing so can put the basis of your DUI into question as, if the equipment that led to your DUI is faulty/or mishandled, the results are equally questionable.
A good example of the above is as follows: you and your attorney argue that the blood alcohol test was mishandled and that the officer conducting the test didn’t seem to know what he was doing.
In the event that the argument outlined above is successful, the charges against you will likely be dropped. This is because the main piece of evidence underlying this charge will, in most cases, be this blood alcohol test.
Trusted, Proven DUI Defense
When facing a DUI charge, the quality of your legal representation can shape the course of your life. At Glasgow & Olsson, we don’t just practice DUI defense—we help define it.
Thomas Glasgow is widely recognized as a leading authority on DUI law in Illinois. He lectures statewide for the Illinois Institute of Continuing Legal Education, contributes to the definitive DUI legal manual used by attorneys across the state, and is a trusted legal voice on major networks including ABC, CNN, NBC, CBS, and Fox News.
When your freedom, reputation, and future are on the line, experience, judgment, and respect matter most.
Speak with our Chicago DUI defense team today and learn how decades of trusted experience can protect what matters most to you.