How to Avoid a Costly DUI Conviction

 Posted on February 17, 2023 in DUI

Getting charged and convicted of driving under the influence (DUI) can have wide-ranging and adverse effects on someone’s life. Often, these effects can have long-lasting consequences for the person’s personal and professional life. Sometimes, when someone is charged with DUI, they are under the impression that all hope is lost and that a conviction is practically inevitable. However, you may be pleased to know this is not always the case. 

No matter what your preconceived notions are, DUI charges can be beaten in some cases. Today, we will discuss the most important considerations for individuals who have been charged with DUI and are looking to avoid a conviction. The first step in fighting a DUI charge is hiring an experienced attorney. Your attorney will work to ensure that all relevant strategies are implemented so that you can have a fair chance at beating the charges and moving on with your life. 

Defending Against a DUI 

After you have hired an experienced DUI lawyer who understands the legal system and the charges against you, it is time to begin building your strategy to fight the DUI charges.

Examples of possible DUI defense strategies in your case include: 

• Challenge of the validity of the evidence – The prosecution’s case against you may be based on evidence such as a breathalyzer test, field sobriety tests, or observations by the arresting officer. It is essential to challenge the validity of this evidence. For example, breathalyzers can sometimes give false readings, and field sobriety tests can be unreliable for several reasons. Your lawyer will likely examine the evidence and determine whether there are grounds for challenging its validity. 

• Challenge the traffic stop – The police must have a valid reason to stop your vehicle. Any evidence gathered during the stop might be inadmissible if they did not have a valid reason. For example, if the police did not have probable cause to stop your vehicle, your lawyer may be able to challenge the legality of the stop.

• Challenge the arrest – The police must follow specific procedures when making an arrest. Therefore, any evidence gathered after the arrest might be inadmissible if they did not follow these procedures. For example, if the police did not read you your Miranda Rights, your lawyer may be able to challenge the admissibility of any statements you made after the arrest. 

• Be proactive – If you are charged with DUI, it is important to take immediate action. Your lawyer can help you understand the legal process and develop a defense strategy. You may also need to address any underlying issues that may have contributed to the DUI charge, such as alcohol or drug addiction. 

Contact a Joliet DUI Defense Attorney

 If you were charged with drunk driving, contact the knowledgeable Will County DUI defense lawyers with McNamara Phelan McSteen, LLC. Call 815-727-0100 for a free consultation.

Source: 

https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K11-501