Facing a DUI charge is stressful and emotionally draining. However, understanding how to beat a DUI is possible through straightforward defense strategies. Despite state-specific rules, many DUI defenses are universal. Most officers who conduct DUI investigations all follow NHTSA guidelines nationwide. Consulting with a skilled attorney who is well-versed in DUI law is highly recommended due to the serious nature of the crime and the consequences, like possible jail time.
In Chicago and throughout Illinois, aligning with a DUI attorney can make a significant difference in the outcome of your case. At Chicago DUI Lawyers, our team is well-versed in Illinois DUI law and familiar with the intricate courtroom procedures. That being said, let’s get into how to beat a DUI charge.
Contact us at (312) 800-1626 for a free consultation and take the first step toward building a strong defense.
Confirm that the police officer filled out all the right information on the tickets and the pretrial release form. Law enforcement can make mistakes. The first thing you want to do is to verify that your name and all the correct information are on all the documents that the police officer has given you. Mistakes in tickets, or even in the details of the traffic violation, can be a great way for you to fight a case.
Oftentimes, when you are facing a DUI charge, a police officer will fill out paperwork to suspend your driver’s license. Typically, this document is referred to as a notice of summary suspension. You want to look at all the tickets, make sure there are no mistakes on them, and verify your next court date.
Most DUI attorneys offer free initial consultations. This meeting helps assess your case’s chances, review documents for errors, and discuss options like a specialized driving permit during suspension. For Illinois residents, consulting an Illinois DUI lawyer is vital to understanding state-specific procedures. The attorney will also explain possible penalties and advise on plea bargains or court supervision. It is important to remember that every state is different in their procedures, so you want to make sure to discuss legal representation with a local attorney.
Related: Cost of hiring a DUI attorney
The best way to defend against a DUI charge is to be as prepared as possible before you head to court. The first thing is to subpoena the police department for reports, dashcam, and bodycam footage. This subpoena must be filed with the court clerk and a copy given to the prosecutor.
Why is this so important? Because evidence can be lost or destroyed over time. If you’ve properly requested it and it later goes missing, you may have grounds to file a motion to suppress and possibly get the case dismissed.
If you have been charged with a first-time DUI, then you are likely facing a license suspension as well. The length of a suspension and how to fight the suspension are all determined by the state where you received the DUI. In Illinois, if you’re a first-time DUI offender, you will face a 12 Month license suspension for a refusal and a 6-month suspension for testing above the legal limit. A first-time offender is eligible for a BAIID (breath) device.
It is important to read the court rules on how to file a motion to fight the suspension and how you can challenge a suspension. You also want to see if there are any provisions in the statute that allow you to get an interlock device to install in your car to be able to drive during your license suspension period.
TIP: When you visit a Chicago DUI attorney for a free consultation, you should be prepared to ask about all of these possibilities.
After you look at the statute and the relevant laws on how to contest your license suspension, you should be ready to file a motion to get your license back. Generally, you should be able to find a blank template for the motion online on the local court’s website. This is a key part of your legal strategy for navigating the DUI procedures and license reinstatement process.
You will likely file the motion with the clerk’s office at the courthouse and drop off a copy of the motion to the prosecutor’s office. This is commonly referred to as a petition to rescind statutory summary suspension. Tip: Research local court rules for filing motions, as these vary. State law governs suspension challenges, but local courts have specific filing procedures.
Before your court date, file an appearance, a form notifying the court you’re representing yourself. Find it in court or online. Also, file a motion for discovery, asking the judge to order the prosecutor to provide all evidence against you, such as toxicology reports and blood test results. Ensure you receive all impairment evidence to defend yourself, including any evidence related to a BAIID device. Give the prosecutor copies of both the appearance and discovery motion.
When a police officer conducts a DUI investigation, they will take you through a series of Standardized Field Sobriety Tests. All of the field sobriety test procedures that the police officer has you perform have to be done under the National Highway Traffic Safety Administration guidelines.
One of the best ways to win a DUI trial is to show that the officer did not follow NHTSA guidelines and, therefore, the tests that the officer used to show you were intoxicated are not valid. Read the manual on how to conduct standardized field sobriety testing and see if the police officer followed the manual. This is a core part of many legal defenses.
When you’re charged with a driving under the influence or any criminal offense, the prosecutor has to prove every part of the charge beyond a reasonable doubt. That’s why it’s essential to read the exact statute you’re accused of violating so you understand exactly what the law says and how your charges are structured.
In DUI cases, the key elements usually include:
The prosecutor must first show probable cause and then back it up with solid evidence, often your Blood Alcohol Concentration (BAC).
To build your defense, break the initial DUI charges down:
Tip: Look at your tickets and they will have the specific statute that the police officer charged you with, along with the results of any chemical test.
After reviewing the NHTSA manual and your charges, next, check the police reports and any video footage, including dash cam and body cam. Note all details in both and ensure the report matches the video. Videos don’t lie, unlike subjective police reports. By the time reports are written, the officer has already arrested you for DUI and will portray you as intoxicated. This is especially true for stops on major roads like Lake Shore Drive.
TIP: When looking at the video, remember to take notes and make sure to write down specific time frames you would like to show the judge. For example: (1:52 got out of the car with no issue).
Now that you’ve reviewed the police reports and taken notes, it’s time to connect the dots. Start by grabbing a legal pad and lining up the NHTSA manual with the police video. Every field sobriety test given during a DUI stop is in that manual. Watch closely, did you actually perform well? Did the officer skip a step or give the wrong instructions? That comparison is key.
Next, dig into the legal side. Look at the police report and the DUI statute for your state. Write down each charge you’re facing. Then, break each charge into its individual legal elements. For each one:
Related: Is DUI a Felony in Illinois?
Once you’ve reviewed the evidence, it’s time to challenge your license suspension at a legal process hearing. At the hearing, you will need to show the judge that the officer did not have reasonable grounds to believe that you were intoxicated. You can show this through the hearing. It’s important to note that there are several different ways to challenge a license suspension, but the most common way is to show that no reasonable grounds existed for the officer to arrest you.
Before the hearing, research the local Illinois laws to understand the legal grounds for challenging the suspension. Be ready to testify and present any video evidence to support your case.
Before you take any DUI case to trial, you should know what the minimum and maximum punishments are for the DUI charges you are facing. You should take a look at your finances and talk to your family about these risks. Not every state offers supervision, and some states also require jail, even on a first offense, depending on the circumstances.
Make sure you know how a DUI conviction can impact your driving privileges, including getting revoked, and how a DUI will impact your work situation. Penalties can also include things like Community service, Substance abuse treatment, Court fees, and increased Insurance payments.
TIP: Knowing what the minimum and maximum penalties for the DUI charges will help you later on with negotiating a fair plea agreement with a prosecutor.
By the time your DUI trial arrives, most of your prep should be done. That means reviewing the discovery, watching any video, and going over the police reports. But preparation also means bringing everything with you:
Next, focus on witnesses. If anyone saw what happened, talk to them ahead of time. Go over their testimony and make sure it helps, not hurts, your case. Surprises in court can be disastrous. Know exactly what your witness will say.
At trial, the police officer testifies first, guided by the prosecutor to explain why they believed you were impaired. After that, it’s your turn to cross-examine. This is a key moment. Ask clear questions, stay calm, and stay organized. Make sure you ask leading questions and do not give the prosecution’s witnesses opportunities to stray from their reports and previous testimony or statements.
To strengthen your case, consider expert witnesses. A forensic specialist can challenge the results of a breathalyzer test as well as other breath, blood, or urine tests and point out flaws in the prosecution’s evidence. Bottom line: your defense must be sharp and organized. A messy presentation can cost you, so be ready.
Always talk to the prosecutor before going to trial. You might be facing multiple DUI charges, and the prosecutor may offer to drop some or reduce them, sometimes even to reckless driving. This is part of the plea negotiation process.
You may also be able to negotiate getting your license back in exchange for a guilty plea. Just remember: asking for an offer doesn’t mean you can’t still go to trial. Ultimately, this is a big decision, and one you should make with the help of an experienced Illinois DUI attorney.
If you’ve prepared and rejected the prosecutor’s offer, proceed to trial. Ensure your witnesses attend, as the prosecutor will only secure their own. Send them a subpoena, available on your local clerk’s website, via certified mail. Trials generally have three main parts.
During opening statements, the prosecutor will tell the judge what he expects the evidence will show. After the prosecutor gives his opening statement, you will have an opportunity to give your opening statement.
Remember, an opening statement is a story to the judge of what you believe happened that night and what you expect the evidence will show. Opening statements are not evidence! An opening statement is a way for you to outline what you think the trial will be like.
After opening statements, the prosecutor calls the police officer to testify about the incident, explaining the stop and the suspicion of intoxication, including your blood alcohol level. You will then cross-examine the officer, which is a crucial chance to challenge their account with your prepared notes. You may also want to call a drug recognition expert to challenge the prosecution´s claims.
Afterward, the prosecutor will play the full video for the judge. When the prosecution rests, you can present your witnesses or testify yourself, ensuring consistency in all testimonies to clearly convey your side of the story. Present lab reports and evidence, such as Horizontal Gaze Nystagmus Test results, to counter the prosecution´s claims.
After all the testimony is over, the prosecutor will tell the judge how he thinks all the evidence proves you were guilty of all the DUI charges. When the prosecutor is done, you have the chance to explain to the judge that, based on the evidence that he heard and the law, you are not guilty of the DUI charges. It is also important to remember that your criminal history, repeat DUI, or prior speeding tickets may influence the penalties.
This is your closing statement. Remember, at this point, you are not introducing evidence; you are only explaining why your evidence is good and the prosecutor’s evidence is bad.
Tip: The most important part of any DUI trial will typically always be the cross-examination of the police officer.
Navigating a DUI trial is complex, and while this guide outlines self-defense tactics, hiring a top DUI attorney is advised. Prosecutors have extensive experience with DUI cases. Though this guide offers strategies like Motion to Suppress Evidence, it doesn’t replace legal advice.
A DUI conviction can lead to serious, long-term consequences, including a criminal record, driver’s license suspension, alcohol and drug assessment, and mandatory driver’s education. For the best outcome, you need someone with courtroom experience and deep knowledge of Illinois DUI laws.
Contact Chicago DUI Lawyers today for a free consultation with a skilled DUI defense attorney who can fight for your rights and help you avoid the most serious penalties.
