An experienced CHICAGO CRIMINAL DEFENSE ATTORNEY representing CLIENTS AGAINST DUIs.
Illinois has some of the harshest penalties related to driving under the influence (DUI). Whether drugs, prescription medication or alcohol, if you are pulled over and ultimately arrested for DUI, you will have to face the reality of criminal charges, high fines and the possibility of losing your driving privileges either temporarily or permanently. Knowing what to do and what not to do, and more importantly, when to do it and when not to, can save you thousands of dollars, months or years of suspensions or revocations of your driver’s license and the possibility of a criminal conviction on your record. That’s why it is vital to have an experienced and skilled DUI lawyer in your corner.
Common Defenses Used by DUI Lawyers in Chicago, IL
There is no standard defense against a DUI charge. However, your criminal defense attorney will devise an appropriate strategy to defend you based on the facts of your case and the circumstances under which you were arrested.
Generally, criminal defense lawyers use two types of defenses to beat DUI charges in Chicago, IL. These include: (a) You were not drunk at all, or (b) The police failed to follow the proper procedures. Your Chicago DUI attorney might use the “not drunk” defense under the following circumstances:
- Your blood alcohol content (BAC) was falsely high due to residual mouth alcohol.
- Your BAC was high due to ketosis, which can be caused by hypoglycemia.
- Your BAC was high due to gastroesophageal reflux disease (GERD), auto-brewery syndrome, diabetes, or any other medical condition.
- Your BAC was high due to the fermentation of food particles, which is common among people who are on high-protein, low-carb diets like the Atkins diet and the ketogenic diet.
- You failed the chemical test due to rising BAC (depending on the time it takes for your body to fully metabolize alcohol).
In order to prove that your blood alcohol level was over the legal limit due to one or more of the aforementioned factors, your criminal defense lawyer can get testimonies from a forensic toxicologist, medical professional, and other expert witnesses.
Your Chicago DUI lawyer also might use the “failure to follow proper procedures” defense under the following circumstances:
- The officer did not have probable cause to make a DUI arrest.
- The officer did not observe you for 15 minutes before administering the breath test.
- The officer did not have the expertise or training required to administer the breath test.
- The police failed to follow the proper procedures regarding the collection, handling, and storage of blood samples, as a result of which your results cannot be considered accurate.
- The police violated your Fourth Amendment rights.
If the police violated your constitutional rights or failed to follow the proper procedure, your criminal and DUI defense attorney might request the court for a suppression hearing in order to exclude all the unlawfully obtained evidence against you and to persuade the prosecution to drop or reduce the charges against you.
Contact the Law Office of Purav Bhatt Today
When you are charged with a DUI, you need an accomplished lawyer prepared to negotiate a favorable plea deal or present an aggressive DUI defense in court on your behalf. Here at The Law Office of Purav Bhatt, we will fight to get you the best possible outcome for your case.
With years of experience navigating the criminal justice system and a proven track record of success, we will provide you with expert legal representation from a qualified Chicago DUI attorney for your DUI case. Call our law firm today at 773-791-9682 to speak with one of our experienced attorneys.