4 Considerations A Prosecutor Makes
Top Chicago DUI Attorney Talks Discusses DUI Defense
If you’ve been charged with Chicago drunk driving, you need to know, “the 4 distinct considerations prosecutor’s use to convict Illinois DUI offenders.” Follow along as Chicago DUI attorney Fred Mark Dry reviews these four considerations.
In Illinois, a police officer may stop you: at a roadside safety check-point, based on a traffic infraction, or based on the unusual operation of your vehicle. A police officer cannot stop you (except at a DUI or other check-point) unless they have a reasonable basis to believe that an Illinois traffic law has been violated. When you are pulled over, police officers are looking in four categories when investigating, including:
- Driving Pattern
- Physical Symptoms
- FST: Field Sobriety Test Performance
- Chemical Test Results
Chicago DUI Attorney Explains: Driving Pattern
The driving patterns that police typically report may be incomplete, and often one-sided. They may only write down one thing that the driver did wrong. A skilled Chicago DUI attorney can use this information to point out the many things their clients do right. Many times, by pointing out the ways in which a driving pattern is consistent with sobriety, a lawyer can rebut this aspect of the prosecution’s case – calling into question you being pulled over in the first place.
Chicago DUI Attorney Explains: Physical Symptoms
Physical symptoms can appear at first to be evidence of guilt. But, they can be another opportunity to point out inaccuracies in the investigation performed by an officer. For instance, police can point to watery red eyes as a symptom of Illinois DUI or DWI, or Chicago drunk driving, but may not ask if someone is fatigued, has allergies, has been around cigarette smoke, or if there are any other reasons for red eyes.
An odor of alcohol on an individual’s breath can sound bad at first, but what does it prove other than to confirm that the person has been drinking alcohol? It does not disclose how much was consumed, when it was consumed, or what specific alcoholic beverage was consumed. The officer cannot tell how much, what kind, and when. Take non-alcoholic beer as an example. Remember, it is not illegal to drink and drive, it is illegal to drink too much in Chicago drunk driving.
Chicago DUI Attorney Explains: Field Sobriety Tests
Illinois and Chicago Field Sobriety Tests (FSTs) will always be questioned aggressively by a Chicago drunk driving attorney. How many of us performed physical agility exercises to get our licenses? What do these random unfair physical exercises have to do with your driving skills? Juries can be influenced and tend to understand that physical agility suffers when you are nervous and forced out of your car to perform roadside gymnastics in front of armed, uniformed officers — without knowing your physical background in the first place.
Chicago DUI Attorney Explains: Chemical Testing
Chemical testing must be proven to be accurate and reliable before it can be accepted. And there is a lot of evidence against the true performance of these machines. But, if standard breath machines are working properly and all regulations regarding testing were observed during your Chicago drunk driving incident and the numbers were indeed accurate, then there will still be issues relating to the alcohol level at the time of driving. It is not illegal to have a .12 back at the police station.
In fact, different metabolisms aside, that number is relevant to use to look back and determine the alcohol level at the actual time of driving. It is quite possible to scientifically demonstrate that someone who is a .12 at the police station was possibly less than a .06 while actually driving. When you calculate the stomach contents, absorption rate, drinking pattern, time of drinking, time of driving, and time of testing. A skilled Illinois DUI lawyer can help identify crucial information for your defense.
Get an Experienced and Aggressive Attorney Who Will Fight For You
Chicago drunk driving attorney Fred Mark Dry is on your side. Fred is a skilled Illinois DUI lawyer that understands the inaccuracies of justice and the unfair punishments for working Americans. Call Fred immediately if you if you or a loved one has been arrested in Chicago, the Chicago suburbs and greater Illinois for a DUI, DWI, or Chicago drunk driving offense.