Drunk driving charges are not convictions. You have the right to defend yourself, and part of that defense could include challenging police behaviors and procedures during a stop. If they made a mistake, it could change the entire direction of your case.
Mistake 1: Making a bad stop
The Fourth Amendment protects you from unreasonable searches and seizures. This means an officer must have reasonable suspicion to pull your vehicle over, whether it is a broken taillight or a clear traffic violation.
However, if a DUI stop was based on a mere hunch rather than evidence, the court may choose to suppress any information gathered during that encounter.
Mistake 2: Improper administration of tests
Roadside sobriety tests can be difficult even for those who have not been drinking. Illinois officers should follow strict standards when conducting tests to ensure they are as fair as possible. However, police can fail to do this if they:
- Conduct the tests on a surface that was cracked, uneven or slippery
- Use non-standardized tests, such as asking you to recite the alphabet backward
- Give instructions that were confusing, incomplete or hard to hear
If police fail to administer tests properly, the results may be viewed as unreliable indicators of impairment.
Mistake 3: Breathalyzer and chemical test errors
Technological evidence like breathalyzer results are vulnerable to human error and mechanical failure. Illinois law requires these machines to be calibrated and maintained on a strict schedule. Furthermore, the officer must monitor the driver for a 20-minute observation period to ensure the sample is not contaminated. A failure to follow these technical steps can lead to inaccurate blood alcohol readings.
Mistake 4: Violation of constitutional rights
Your rights do not disappear once you are in the back of a patrol car. If you’re in custody and you clearly ask for a lawyer during questioning, officers generally must stop questioning. Additionally, you have the right to request an attorney, and questioning must stop as soon as you make that request.
Every DUI case involves a unique set of circumstances and specific police actions. Identifying where an officer may have failed to follow the law is a critical step in building a defense. Taking a close look at the details of the arrest can reveal procedural errors that may change the outcome of the charges.