DUI stands for driving under the influence. Though drinking is allowed legally in Chicago, you should limit your alcohol consumption if you are driving. As per Chicago laws, the driver should not have blood-alcohol-concentration of 0.08 or higher. If the police find the BAC beyond permissible limits, they will arrest you under a DUI charge.
Being charged under DUI is not the end of the world, and you can do more than pleading guilty and hang your head in shame. Here are few tips to fight DUI charges with the help of a criminal lawyer in Chicago.
Have the Courage to Stand Up and Fight
According to recent statistics, around 29 people die in car crashes in the US every day that involves an alcohol-impaired driver. The first thing you need to do is have the courage to fight the DUI charges. The next thing to do is consult a criminal lawyer.
Provide Minimal Information
As per the 2017 Illinois drunk and driving statistics, around 27,046 people were arrested by police under DUI. If the police arrest you for driving under the influence, you should cooperate with the police by giving the essential information. You can share your name, vehicle details, driving license details, and insurance information with authorities.
Do not share information about how many drinks you had if you have been drinking. Suppose the police officer asks any questions about drinking. In that case, you can politely tell the officer that you are not advised to answer any further questions until you consult your criminal lawyer in Chicago.
Allow the Attorney to Analyze the Case for Legal Flaws
Share information about all incidents before you were booked under DUI charges. Being arrested and booked under DUI charges does not mean you are guilty. Several possibilities need to be explored to find legal flaws.
Use Last Drink Defense
The criminal lawyer in Chicago will explore opportunities to use last drink defense. As per Chicago laws, the blood-alcohol concentration should be 0.08 or higher when you were arrested. Many times police bring the person to the police station to conduct a breath test. If the police conducted a breath test after arresting you, the lawyer might be able to use the last drink defense to prove you are not guilty.
Your attorney might show the judge that you had your last drink at a particular time and your BAC was not 0.08 or higher when police arrested you and brought you to court. The law says your BAC should be 0.08 or higher. It does not mention the amount of alcohol in your stomach.
Prove Breathalyzer Tests Are Unreliable
As per the latest data, Chicago, Illinois ranks at 3rd position as the drunk-driving capital of the US. The data shows 0.53% of Chicago driving under the influence of alcohol or drugs.
The criminal lawyer will look for opportunities to prove the breathalyzer tests are unreliable in your case and cannot be used as evidence to prove a DUI charge. For example, the lawyer may prove that the officer did not calibrate the instrument correctly before taking the tests. You had eaten specific foods, or the officer took the test immediately after drinking that gives false readings.
To sum up, DUI laws are complex, and it is always a good idea to have a criminal lawyer by your side to fight DUI charges.