A conviction for driving under the influence (DUI) can lead to significant administrative and criminal penalties. These penalties are especially harsh if you are convicted of aggravated DUI or you have been convicted of drunk driving one or more times in the past. DUI can lead to the loss of your driver’s license, heavy fines, and even jail time. However, being charged with DUI is not the same thing as being convicted of DUI. If you or a loved one were recently arrested for allegedly drunk driving, it is important to understand the potential defenses to this serious charge.
In 49 out of 50 U.S. states, the blood alcohol limit is 0.08 percent. This means that a person is automatically considered to be intoxicated if his or her BAC is above this limit. Usually, BAC is determined by a breath test such as a breathalyzer. These tests can be inaccurate for several reasons, including:
The breath test was not properly administered
The breathalyzer was not calibrated
The breath test was administered too soon which led to a false positive caused by residual mouth alcohol
The results of the breath test were impacted by your diet or medical condition
Blood tests can also be inaccurate. Blood samples can be contaminated if the sample is not properly drawn, transported, and stored.
Police cannot stop a vehicle for no reason. You must have given officers a reason to pull you over such as running a red light or weaving in and out of traffic. If there is no probable cause for the traffic stop, the police stop may have been unconstitutional. Your case could be dismissed entirely. Police must also have probable cause to arrest someone for DUI. Probable cause for a DUI arrest sometimes comes from the results of a field sobriety test or portable BAC test. However, these tests are not infallible. Probable cause may also come from police testimony. Police officers are human and they can make mistakes just like anyone else.
At J. Aldrich Law, P.C., we know that not every DUI charge is legitimate. If you or a loved one were arrested for drunk driving, contact our DuPage County criminal defense attorneys for help. Call 630-953-3000 for a free, confidential case assessment.