Lake Zurich, IL DUI Attorney
The use of a motor vehicle is a privilege, not a right. Using drugs and alcohol while operating a car can put the driver at risk, as well as innocent bystanders. If you are pulled over in Lake Zurich and suspected of driving under the illegal influence of drugs or alcohol, you may be required to submit to a chemical test to determine your blood alcohol content (BAC). Depending on the results of this action, you may be arrested and charged with a Lake Zurich DUI. However, this does not mean that you will be convicted. With so much nuance to DUI law, it is essential to work with an experienced criminal defense attorney to explore every option. They can ensure that anything less than a direct connection between your intoxication and the accident is not being used as evidence against you and resulting in an unfair sentence.
At Jerald Novak & Associates, we have been vigorously and effectively fighting for our clients’ rights in DUI cases for years. We understand how prosecutors will approach your case and are ready to fight back with an aggressive and comprehensive defense. If you have been arrested for DUI in Lake Zurich, or anywhere else in Illinois, please contact us today and learn more about how we can help you.
What Constitutes a DUI in Lake Zurich, IL?
To be convicted of DUI in Lake Zurich, the prosecution must first prove that you were operating a vehicle while influenced by drugs or alcohol. To do this, they will likely rely on a chemical test to determine your BAC during the arrest. If your BAC was higher than the legal limit of .08%, you might be charged with DUI. However, even if your BAC was less than .08%, you can still be charged with DUI if the prosecution can prove that your ability to operate a motor vehicle was significantly impaired by drugs or alcohol. Because tests can be inaccurate and impairment can be subjective, it is important to have an experienced Lake Zurich DUI attorney on your side to challenge the prosecution’s case.
What Defenses Can Prove My Innocence in a Lake Zurich DUI Case?
Many defenses can be used to prove your innocence in a Lake Zurich DUI case. These include:
- A lack of probable cause for the initial stop: The police must have had a legitimate reason for pulling you over before they could administer a chemical test. These reasons could include speeding, swerving, or any other traffic violation. However, anything short of a clear violation may not be sufficient to justify the stop. This would be an issue for the court to determine and could lead to the charges being thrown out entirely.
- The accuracy of the chemical test: Chemical tests are not always accurate. The results may be inaccurate if the test was not administered properly or if the machine was not properly calibrated. If your attorney can demonstrate that the test was not administered properly, it could disqualify that piece of evidence and require the prosecution to rely on other, less reliable evidence.
- The presence of a medical condition: Many medical conditions can lead to a false positive on a chemical test. If you have diabetes, for example, your blood sugar levels could drop suddenly and lead to a false positive. If your attorney can show that you have a medical condition that could have led to a false positive, it could help to prove your innocence.
- Mistaken identity: In some cases, the police may have arrested the wrong person. If you have a relevant alibi or there is some other evidence that suggests you were not the one driving, it could be enough to prove your innocence.
- You were not informed of your Miranda rights: When you are arrested, the police are required to read you your Miranda rights. These are the rights to remain silent and to have an attorney present during questioning. If the police did not inform you of these rights, anything you said during questioning cannot be used as evidence against you.
What Evidence Can Help Validate My DUI Defense in Lake Zurich?
Many pieces of evidence can help to validate your DUI defense. These include:
- The police report: The police report is a crucial piece of evidence in any DUI case. Your attorney will obtain a copy of the report and look for any inaccuracies or inconsistencies. Some of the things that they are hoping to spot will be whether the police had a legitimate reason for pulling you over and whether they followed protocol during the arrest.
- The dashcam footage: If there is dashcam footage of the arrest, it can be invaluable. This footage can be used to show what happened leading up to the arrest and can help to corroborate your version of events.
- Witness statements: If there were any close witnesses to the arrest, their statements can be used to help validate your defense. These witnesses can provide valuable testimony about what they saw and how you were behaving leading up to the arrest.
- The chemical test results: As mentioned above, the accuracy of the chemical test results can be called into question. If your attorney can show that the test was not administered properly or that the machine was not properly calibrated, it could lead to the results being thrown out.
- Your criminal history: In some cases, your prior criminal history can be used to show that you are not the type of person who would commit a DUI. If you have no prior convictions, or if your prior convictions are not related to alcohol or drugs, it can help to reduce the severity of the charges against you.
- The conditions at the time of the arrest: The conditions at the time of the arrest can also be used to help validate your defense. If it was raining or snowing, for example, that could explain why you were swerving. If the roads were slick, that could explain why you were going slower than the posted speed limit.
Contact Our Lake Zurich DUI Lawyers Today
If you are facing DUI charges in Lake Zurich, IL, it is vital to contact a DUI attorney as soon as possible. The attorneys at Jerald Novak & Associates have extensive experience defending clients against DUI charges and will work diligently to get you the best possible outcome in your case. Contact us today.
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!