Imagine that it is Halloween night. You are at a Halloween party hosted by several of your closest friends. The party lasts until very early in the morning. And, like any great party, there is good food, dancing, and alcohol.
Soon after the clock strikes 3 AM, you head to your car. You begin driving to your house in Schaumburg. The roads are a little dark, and you feel a little tipsy. Otherwise, though, things are good.
Just minutes before you can reach your driveway, a police car forces you to pull over. The officer asks if you have been drinking and forces you to take a sobriety test.
Unfortunately, you fail the sobriety test. As a result, you are charged with driving while under the influence.
By going over three defenses for a Halloween DUI and speaking with a member of our Schaumburg DUI defense team today, you may have an easier time obtaining the DUI outcome you need.
Defense 01: The Officer Did Not Have Probable Cause
Probable cause is a requirement that, in most cases, must be satisfied before a police officer can pull you over. If a police officer does not have probable cause, they may be unable to pull you over to conduct a sobriety test.
You can argue that the officer who pulled you over did not have probable cause. If this argument is successful, your entire case may be thrown out.
Arguing that a police officer did not have probable cause is very difficult. You need to work with an attorney to employ this defense – or any other DUI defense in this guide, for that matter.
Defense 02: The Sobriety Test Was Administered Improperly
A sobriety test must be administered in the proper manner. If a sobriety test is not administered properly, the test should not be used as evidence against you.
Your attorney can go over the facts of the sobriety test you took and, in doing so, they may be able to argue that your sobriety test was administered improperly. This could lead to your case being thrown out.
Outside of the above, your attorney may also be able to argue that the equipment used to perform your sobriety test was faulty. This could also lead to your case being thrown out.
Defense 03: You Were Not Intoxicated
If you have been charged with a DUI, there is a chance that this charge may be erroneous. You may not have been intoxicated at all and, as such, the charges against you should be thrown out.
Arguing that you were not intoxicated can be very difficult. Your attorney can look at the facts of your case and craft a defense that affirms your sobriety.
Even if you took a sobriety test that suggested you were intoxicated, the results of this might be wrong. Your attorney can use this, as well as the other facts that underlie your case, to help you obtain the outcome you need.
Get Qualified Legal Help Today
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 attorneys today and learn how decades of trusted experience can protect what matters most to you.