How to Get Out of a DUI in Illinois

Updated on 11/24/2023 / Under

Are you or someone you know facing a DUI charge in Illinois? Having a DUI on your driving record has various consequences, including fines, jail time, and license suspension. The good news is that there are multiple methods available to avoid a DUI charge.

Our Naperville DUI attorneys have extensive knowledge of DUI laws, and our team can assist you in understanding your options and offering objective legal advice on how to handle your case. Call us today at (630) 425-0250 for a free, initial consultation and a confidential case evaluation.

How a Lawyer Can Help You Beat a DUI in Illinois

Being convicted for driving under the influence in the state of Illinois can have serious criminal penalties, loss of driving privileges, and other expensive consequences. Jail time, fines, and other penalties can leave you with a ruined reputation, financial burdens, and legal problems that can take years to resolve.

Unfortunately, if you don’t have the correct legal defense on your side, you could find yourself facing these consequences. But it's not all bad news – there are a number of very solid legal defense tactics that your defense attorney can use to fight a DUI charge in court.

an attorney discussing a dui charge with a woman

If your defense attorney feels like they can win your case by challenging the officer’s initial stop and questioning of you or any field sobriety assessments administered, there may be grounds to suppress DUI-related evidence against you before the trial begins.

If successful in doing so, this will go a long way toward reducing the prosecution’s chances of a conviction. Other defenses include attacking the accuracy of breathalyzer test machines or blood alcohol content tests. A knowledgeable DUI lawyer will analyze the police report and create an effective defense for your specific case.

Common DUI Defense Methods

There are many DUI defenses that Naperville DUI Lawyer can use for your case to get you out of a DUI. Your criminal defense lawyer will analyze your charge details to choose the best defense for your specific case based on your prior criminal record and this specific drunk driving charge.

Inaccuracies or Errors in Breathalyzer Tests

When it comes to challenging the results of breathalyzer tests, there are many avenues available, and viable defenses can be made in court. You can dispute the breathalyzer scores by proving that the breath alcohol device malfunctioned or had not been properly calibrated prior to use; resulting in a false positive reading from the device itself.

Fighting these cases in court takes knowledge and skill which is why hiring an attorney with experience in this area can give you greater control over defending yourself against any DUI charges.

Errors in Field Sobriety Tests

Field sobriety tests can be a powerful argument for the prosecution in a DUI case, but challenging these tests could actually help defend against a conviction. Usually administered at the scene of the arrest, field sobriety tests are conducted to assess whether an individual is impaired by alcohol or drugs. 

When challenging these tests, there are several possible defenses that could be used including medical conditions such as bad knees or old injuries affecting balance and performance during these tests; or challenges based on how law enforcement officers perform assessments such as following directions properly or failing to take into account outside variables (weather condition, terrain) when trying administer or even grade performances. Nevertheless, challenging results or denying field sobriety tests can be effective at defending yourself against a DUI charge if done correctly.

Lack of Probable Cause for the Stop

The officer must have a legal reason to stop the motorist and it is illegal for them to pull someone over without probable cause. This means that they must reasonably believe that the individual is guilty of some form of criminal activity, such as driving while intoxicated or behavior that could be seen to indicate possible intoxication.

models of a police car and mustang and a glass of liquor on a table

If an officer is unable to provide a valid reason for pulling you over in the first place, further evidence of intoxication may not be taken into account. This highlights why it is important for those facing charges such as these to obtain legal counsel and dispute any discrepancies between what an arresting officer reports and what truly occurred. 

Police Officer's Actions

In the event of a DUI arrest, it is the responsibility of the arresting officer to read you your Miranda warnings which include the rights to remain silent and rights to a criminal defense attorney. If this does not occur then it’s possible for aspects of evidence collected at the time of the arrest to be excluded in court by your attorney when pursuing an acquittal, thus improving your chances on criminal or felony charges. 

Additionally, if there is a belief of police misconduct in your case, your defense lawyer may be able to have your DUI charge dismissed pending proof. In this case, your lawyer would obtain the evidence and video recording of the charge from the police station in order to assess whether police misconduct occurred and if it can be used as a defense.

Medical Conditions

When a police officer suspects that someone is driving under the influence, they will often look for certain physical signs such as bloodshot eyes or slurred speech. While these signs may be associated with alcohol consumption, it doesn't necessarily mean that this person is guilty of DUI.

In some cases, the physical symptoms could be attributed to medical conditions or even medications, and drunk driving defense attorneys can try to argue this in order to refute the DUI charges. If you have medical conditions that may make it seem like you are under the influence of alcohol when you are not, your expert defense lawyer may be able to get you out of your DUI case with this strong defense strategy.

Inaccurate Blood Alcohol Tests

While the results of a specific test for alcohol content may seem accurate, it is possible to successfully challenge the validity and accuracy of these results. The blood alcohol concentration tests used to measure blood alcohol levels require experienced personnel as well as proper chemical test instruments and functioning equipment. If either variable is not met, the results could be faulty and inaccurate.

a glass of beer, gavel, and car keys on a desk

An experienced defense lawyer can contest the findings of blood alcohol tests and they can create a defense arguing that an individual's blood test result was caused by improper testing methods or equipment malfunction. This could include providing testimony from experts in blood testing or selecting independent laboratories for further testing. 

Can You Get a DUI Charge Reduced?

Getting your charges reduced in the context of an Illinois DUI is primarily a legal question. Your attorney will have the knowledge and expertise necessary to explore every potential avenue for getting your criminal charges reduced. Perhaps a plea deal with different penalties can be negotiated with the judge or prosecutor handling your case.

Getting a DUI Changed to Reckless Driving

To potentially have your charges reduced, it may be necessary to negotiate a plea deal with the prosecutor. In this case, you would make a guilty plea to a lesser charge, such as a reckless driving charge, in exchange for the DUI charge being dropped. Pleading guilty to a reckless driving charge may be advantageous as it can help you avoid a mandatory license revocation and potentially exempt you from attending drug and alcohol education classes.

Call Our Firm Today for Help With a DUI!

If you have been arrested for DUI in Naperville, Illinois, and are looking for a way to get out of the charge, then the best option is to contact an attorney. We are committed to providing the best possible outcome for our clients and to that end we employ a proactive legal strategy that is custom designed to ensure success in each case. If you’re facing charges related to drunk driving, don’t hesitate to get in touch with us as soon as possible.