Can I Get Out of a Second DUI? 

 Posted on October 26, 2022 in DUI

In Illinois, the criminal and administrative penalties associated with drunk driving charges increase with each subsequent DUI offense. For example, many first-time DUI offenders are eligible for court supervision. However, individuals accused of drunk driving for the second time are not typically eligible for supervision. There are mandatory minimum penalties for second-time DUI offenders, including five days in jail or 240 hours of community service.

Defending yourself against DUI charges is especially important if you received a DUI in the past. If you or a loved one were arrested for drunk driving for the second time, make sure to contact an experienced DUI defense lawyer for help.

Second DUI Defense Options

When you are facing DUI charges, it is important to know that you have options. An experienced lawyer will be able to review the facts of your case and help you develop the best possible defense strategy for your situation. Some common defenses to DUI charges include:

• The police officer did not have "reasonable suspicion" to stop your vehicle - Our Forth Amendment rights protect us against unreasonable searches and seizures. This amendment also serves as the foundation for our right to be free from unjustified traffic stops. The police officer that conducted the traffic stop must have had a reasonable suspicion that you were breaking the law in order to justify pulling you over.

• There was no probable cause for the arrest - In order for an officer to make an arrest, he or she must have probable cause to believe that you committed a crime. The "probable cause" standard is lower than the "beyond a reasonable doubt" standard that is used in criminal trials, but it is still higher than a mere hunch or suspicion.

• The field sobriety tests were not administered properly - Field sobriety tests are often used by police officers to determine whether someone is impaired by alcohol. However, these tests can be inaccurate and may lead to false positives. Furthermore, there are strict guidelines that must be followed when administering these tests. If the officer deviated from these guidelines, the results of the test may not be admissible in court.

• The chemical test results were inaccurate - Chemical tests, such as breathalyzers and blood tests, are often used to determine a driver's blood alcohol concentration (BAC). These tests can be inaccurate for a variety of reasons. For example, breathalyzer machines must be calibrated on a regular basis. If the machine was not properly calibrated, the results may not be accurate. Additionally, blood tests can be affected by the way the blood was drawn or handled.

Remember, you are presumed innocent until proven guilty. An experienced DUI lawyer will fight to protect your rights and ensure that you have the best possible chance of getting a favorable outcome in your case.

Contact a Naperville DUI Defense Lawyer

Aurora DUI Defense lawyer Patricia Magaña provides trustworthy guidance and help to individuals accused of drunk driving. Call the Law Office of Patricia Magaña, LLC at 630-448-2001 for a free consultation to get started.

Source:

https://www.ilga.gov/legislation/ilcs/documents/062500050k11-501.htm