Archive for the ‘sobriety test’ tag
May 16th, 2013 at 12:16 pm
Driving under the influence can have many ramifications, from losing your drivers license to death. Officers will suspect that a person is driving under the influence based on the speed and steadiness of the driving. Proving drunkenness, however, is not as simple. In order to prove drunk driving in court, police officers often use data from a breathalyzer machine to test how much alcohol the driver has in their system at the time the test is administered.
Alcohol is absorbed into the mouth, throat, stomach and intestines, and makes its way from there into bloodstream. As blood travels to the lungs, the alcohol moves through the alveoli, the membranes of the lung’s air sacs. The alcohol evaporates from the blood into the air, and is exhaled as a person breathes. The breathalyzer can measure the amount of alcohol in a person’s breath, and it is directly related to the amount of alcohol in the bloodstream. Rather than dealing with needles and blood, a police officer only has to use the breathalyzer machine. In most states, including Illinois, the blood alcohol content (BAC) must be below .08% in order to be considered below the legal limit.
If you are pulled over, you are not required to take any kind of field sobriety test, including a breathalyzer. If you are arrested, you may be asked to give a blood sample at the police station- but by doing so, you are giving them evidence to use against you in court, which is not advised. It is in your best interest to avoid sobriety tests in Illinois until you have spoken with an attorney. It is possible for a breathalyzer to be incorrectly administered, or improperly prepared prior to administration.
If you have been charged with a DUI, contact a lawyer who is familiar with DUI cases and can help you. An Illinois DUI attorney can make a difference in your case.
August 17th, 2012 at 6:07 pm
DUI checkpoints and consequent roadside sobriety testing have become a common practice throughout Illinois. Although the Fourth Amendment to the U.S. Constitution affords protections against “unreasonable searches and seizures”, together with “probable cause” requirements, law enforcement use of DUI checkpoints is on the rise.
If you are arrested with DUI at an Illinois roadside sobriety checkpoint, you should contact an attorney skilled at attacking the Constitutionality of such checkpoints as soon as possible. The first thing Illinois DUI checkpoint attorneys would communicate to anyone involved in a DUI checkpoint stop – is that these cases are most definitely fightable.
Illinois law gives an experienced DUI attorney tremendous power to obtain critical information concerning a particular checkpoint’s Constitutional validity. All Illinois checkpoints are not the same, all agencies are not the same, and a number of distinct factors must be examined to determine whether a given checkpoint was in compliance with Constitutional mandates.
The key is that each and every single roadside sobriety checkpoint must be scrutinized to see if it is in compliance with U.S. Constitutional law. There is a great deal of case law and other important material on this subject. This can help one tremendously if charged with a DUI after driving into an Illinois area DUI checkpoint.
It is particularly important in an Illinois DUI checkpoint case that one meet with an attorney experienced in fighting these matters as soon as possible. Facts concerning checkpoint setup and procedure are critical, and memories fade. Documenting exactly what was observed and what happened, step by step can be crucial. Illinois DUI checkpoint attorneys can make the difference saving ones driver’s license from being suspended.
If you are involved in DUI charge from a checkpoint stop, you need the best DUI attorney available in Illinois who can provide you with expert legal advice and guidance throughout your ordeal. Contact a professional drunk driving lawyer today who is on your side with regards to your rights and privileges involving any kind of drunk driving charge.