While facing a DWI charge can seem hopeless, there are many potential defenses available to you. When you are pulled over, the traffic stop and arrest must be made legally. This means the police officer must have probable cause without basis of entrapment and your rights must be read to you. To be convicted of a DWI in Illinois, the prosecution also has the burden to prove that you were driving a vehicle and under the influence of alcohol to the degree that your ability to drive safely was impaired and that any evidence was collected and handled correctly. This gives you and your DWI lawyer in Rockford IL many opportunities to build a defense.
The following are the most common strategies for fighting a DWI charge.
#1. You Were Not Read Your Rights
If you are not read your rights, such as your right to remain silent and your right to a lawyer, certain evidence against you may not be admissible. This may be enough to get your charge dismissed or reduced.
#2. There Was No Probable Cause
The police must have probable cause to stop you and arrest you for evidence they acquire at the time of the arrest to be admissible. If the traffic stop was based on profiling or any factor other than an appearance of intoxication or erratic driving, there was no probable cause, and your lawyer can challenge your arrest.
#3. The Officer’s Testimony Can Be Challenged
One of the largest components of the case against you is the officer’s testimony about your behavior, including how you were driving, your behavior and appearance, and how you performed in field sobriety tests. You may have reasonable explanations for your behavior and appearance, such as medication you take, a physical impairment, or a medical condition.
#4. The Tests Were Not Accurate
There are many factors that can compromise the accuracy of blood, saliva, and breath tests, including consuming certain foods and drinks, medications, vomiting, indigestion, improper test administration, and rising BAC — which means your BAC was below the legal limit when you were driving, but it rose above the legal limit by the time you were tested. Some medical conditions can also affect field sobriety tests and even breathalyzer tests.
If you have been charged with a DWI, it’s important to speak with a DWI lawyer in Rockford IL as soon as possible to begin building your defense. Contact the Crosby Law Firm serving Rockford IL to schedule a consultation with a defense attorney to review your case.
