After you are arrested for a DUI arrest, you may feel that your case is hopeless and that you should just plead guilty. This is especially true if you consented to a breath test that revealed a high blood alcohol level. However, it is important to consult with a DUI attorney to discuss your case before determining whether you should plead guilty. There may be other legal aspects of your DUI arrest that can be challenged.
According to the Fourth Amendment of the United States Constitution, arrests must be based on probable cause and protect against unreasonable search and seizures. If you were arrested for a DUI and it was not based on probable cause, a competent DUI Attorney may be able to have the case dismiss based upon a violation of the Fourth Amendment.
Police Officers often make mistakes during DUI arrests. If the police question you without reading you the Miranda warnings, your DUI attorney may move to have certain evidence suppressed or possibly have the case dismissed. In some cases, your DUI attorney may challenge the history and credibility of the arresting officer as part of your defense.
In Illinois, the DUI laws requires DUI suspects to submit to a breath test or provide a blood sample to determine blood alcohol content(BAC). Refusal of a breath test will result in civil penalties, including the loss of driving privileges for a period of at least one year. Some law enforcement agencies now hold "no refusal" events, during which any DUI suspect who refuses to take a breath test is legally forced to give a blood sample.
Even if the BAC results of a breath or blood sample are over the legal limit, your DUI Attorney may challenge the breath or blood samples based upon the following:
• The results of the test the testing procedure;
• The collection, handling and storage of the sample;
• The manner in which other tests were conducted;
• The arresting officer's actions;
• The cause for the traffic stop.
Many DUI lawyers utilize expert witnesses at trial to testify for the defense in DUI cases and refute the BAC evidence.
If you have been arrested for DUI, it is crucial to discuss your case with a DUI attorney. While you may believe the prosecution has a strong case against you, if your lawyer has experience in this area and may feel otherwise.
For further information, please go to www.pbuhlawoffice.com or www.dui-illinois-lawyer.com.
