Lake Forest DUI Lawyer

Lake Forest, IL DUI Attorney

Alcohol and drugs can drastically impair your ability to drive and should be cleared from your system before getting behind the wheel. Because the consequences of not being fully sober while driving can be so severe, the police take DUI offenses very seriously. However, not all DUI cases in Lake Forest are clear-cut, and many people charged with the offense are innocent or face an excessively severe punishment. If you have been arrested for DUI in Lake Forest and do not believe the charges match your actions, you need to speak with a DUI defense lawyer as soon as possible.

At Jerald Novak & Associates, we understand that being charged with DUI can be a terrifying experience. You may be worried about the potential consequences of a conviction, such as jail time, loss of your driver’s license, and high fines. Our experienced Lake Forest DUI defense attorneys will thoroughly investigate your case and build a solid defense to help you avoid these penalties. We have successfully represented many clients facing DUI charges in Lake Forest and the surrounding areas. We were able to help them avoid a conviction and keep their driver’s licenses because of various discrepancies in the evidence or police procedure. Connect with us today and see how we can do the same for you.

What Constitutes a DUI in Lake Forest, IL?

Driving under the influence (DUI) is operating a vehicle while impaired by alcohol, drugs, or a combination of both. A driver in Lake Forest can be charged with DUI if their blood alcohol content (BAC) is .08% or higher. For anyone driving commercial vehicles, the DUI BAC limit is .04%. These predetermined levels are established by law as an objective standard for determining when a person is too impaired to drive. However, because so much nuance can go into these tests and the procedures for obtaining this final number, there is often room for error that a good DUI attorney can exploit.

In addition to the BAC test, police officers may also use field sobriety tests to determine if someone is too impaired to drive. These are usually a series of simple physical tasks, like standing on one leg or walking in a straight line, that can be difficult to complete if someone is under the influence of alcohol or drugs. However, many factors that are often not considered can affect someone’s ability to complete these tests, such as age, weight, weather conditions, and underlying medical conditions. This is another area where an experienced DUI attorney can challenge the evidence against you.

What Common Defenses Can Reduce or Dismiss a DUI Charge?

A strong criminal defense is always based on a thorough analysis of the evidence and police procedure in each case. An investigation into your DUI arrest may reveal various discrepancies or constitutional violations that can reduce the charges against you or get the case dismissed altogether. Some of the most common DUI defenses include:

• The authorities did not have a clear probable cause to pull you over in the first place: For the police to pull you over, they must have a reasonable suspicion that you were breaking the law or that you may be impaired. This may be based on things like weaving in and out of your lane, speeding, or driving erratically. If it is clear that the police did not have a legal reason to stop you, any evidence they obtained after the stop, like field sobriety tests or a BAC test, may be suppressed and the case against you may be dismissed.
• The police did not follow proper procedure when administering the field sobriety tests or BAC test: There are specific protocols that the police must follow when administering these tests, and if they deviate from these procedures in any way, it could invalidate the results. For example, the police must read you the “implied consent” warnings before administering a BAC test, and they must use a properly calibrated breathalyzer machine. If they fail to do either of these things, the test results may not be admissible in court.
• There were problems with the field sobriety or BAC tests themselves: Even if the police followed all the proper procedures, there are still many ways that the results of these tests can be inaccurate. For example, field sobriety tests are often affected by weather conditions, like wind or rain, and underlying medical conditions, like vertigo or arthritis, that the police may not be aware of. BAC tests can also be affected by things like mouthwash, mints, or burping. If any of these factors were present in your case, it may be possible to challenge the results of the test.
• You were not read your Miranda rights: Miranda rights are the constitutional protections you are entitled to when you are arrested, including the right to remain silent and an attorney. If the police did not clearly read your Miranda rights, evidence obtained after your arrest, like a confession or statement to the police, may not be admissible in court.
• The stop was an illegal search and seizure: The Fourth Amendment of the U.S. Constitution protects all citizens from any illegal search and seizure by the police. This means that you cannot be stopped or searched without a valid reason. If the police violated this constitutional right, any evidence obtained from the stop may be suppressed and the DUI charges against you may be reduced or dismissed.

These are just a few possible defenses that can be used in a DUI case. An experienced DUI attorney will know which defenses are most likely to be successful in your particular case and will fight diligently to get the charges against you reduced or dismissed.

Contact Our Lake Forest DUI Lawyers Today

If you have been charged in Lake Forest with DUI, you need an experienced and aggressive attorney on your side. At Jerald Novak & Associates, we have defended clients against DUI charges for years. We know the nuances of Lake Forest DUI law and will use our experience and knowledge to earn the best result in your case. Contact us today for a consultation and let us put our experience to work for you.

Jerald Novak Law Firm, provides a Free initial consultation at our DUI & Criminal Defense firm. Call (847) 223-2285 to learn how our DUI & Criminal Defense attorney Jerald Novak, can help you! Call now!