DUI Dismissed in Chicago, IL

Illinois law is stringent when it comes to DUI offenses, but it’s important to remember that being charged with a DUI does not mean you will be convicted. An experienced DUI attorney will work to build a strong defense for people charged with a DUI. DUI convictions carry severe penalties, including hefty fines, license suspension, and jail time. It is illegal to operate a vehicle with a blood alcohol concentration (BAC) of 0.08% or higher and under the influence of alcohol, drugs, or other impairing substances. 

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Common Defenses for DUI Dismissal

A skilled criminal defense attorney can advocate for you if you have been charged with a DUI. A lawyer will look at the evidence and build a defense based on the facts of the case. An attorney can make a host of challenges against a DUI charge, which include:

  1. Challenging the Traffic Stop – A DUI charge requires that the officer have reasonable suspicion for the initial traffic stop. Reasonable suspicion may include witnessing the driver swerving, speeding, or running a red light. The officer must give a valid reason for the stop, or else it may be considered unconstitutional, and any evidence from the stop would not be allowed in court. 
  2. Questioning the Field Sobriety Tests – Field sobriety tests are often used to determine if the driver is impaired, but field sobriety tests are not foolproof. Many factors can affect your performance, and your lawyer can argue that the results of these tests are unreliable.
  3. Contesting the Breathalyzer Results – Police departments must accurately maintain breathalyzer tests and calibrate them regularly. Officers must also follow strict protocols. User error or faulty equipment may yeild inaccurate results that can be contested in court.
  4. Arguing Lack of Evidence – The prosecution must prove beyond a reasonable doubt that you were driving while impaired. An experienced DUI attorney can argue that the prosecution lacks evidence that you were under the influence.

The Importance of Hiring a DUI Attorney

People charged with DUI should consult a skilled criminal defense attorney with experience arguing cases in Illinois. An attorney deeply understands Illinois’ DUI laws, local courts, and legal strategies. They will investigate the circumstances of the arrest and find holes in the prosecution’s case. An attorney will also use the legal system to dismiss evidence or the case. An attorney can: 

  • File Motions to Suppress Evidence – Attorneys understand the rights granted by the Constitution and can file motions with the court to suppress any evidence obtained because your rights were violated.
  • File Motions to Dismiss – An attorney can file a motion to dismiss the case if there is a lack of evidence or if the case has procedural issues.
  • Negotiate with the prosecution for reduced charges or alternative sentencing – The prosecution may agree to dismiss the DUI charge in exchange for a plea deal or participation in a diversion program. Diversion programs may include alcohol counseling and community service. Once the defendant completes the diversion program, the charge may be dismissed.

Skilled legal representation is necessary if you are facing a DUI charge. A DUI charge is serious, but it does not automatically result in a conviction. An attorney can find ways to argue on your behalf. The key to a successful outcome lies in working with a knowledgeable DUI attorney who can build a strong defense tailored to your unique situation. If you are facing a DUI charge, Fabbrini Law Group can assist you. Please contact us online or call 312-494-3131 to learn more about your rights under Illinois law.