There’s no doubt that being arrested for a DUI can be an extremely stressful and confusing experience. During our experience in helping DuPage County clients defend themselves against DUI charges, we can confirm that 90% of those accused were not criminals or bad people. In fact, most of our DUI clients were hard-working citizens with no criminal record whatsoever. They simply made the mistake of driving when they had too much to drink. A majority of these DUI clients called frantic, in need of guidance on what to do now and what will occur next.
Our first piece of advice to every DUI client in DuPage County is to NEVER BLOW; AKA: take a breathalyzer test. If a police officer asks you to take a breathalyzer test, you have the right to refuse. Refusing to take a breathalyzer is not per se illegal. A client has every right to refuse all testing, answer any questions, admit they consumed alcohol, and refuse to submit to field testing and chemical testing.
Yes, refusing the breathalyzer test results in a driver’s license suspension, but without a chemical result, a defendant has a much better chance to win at the trial level. In addition, if the police officer doesn’t gather enough evidence (because a driver refuses all chemical and physical testing), the case for the prosecution is weakened significantly.
For this reason, Mark Sutter is a top DUI Attorney in DuPage County. Routinely defending the rights of those accused of drunk driving charges and Illinois driver’s license matters. We offer free legal consultations to DUI clients throughout DuPage County. So, if you or someone you love has been charged with a DUI, CONTACT US to discuss your case.[/vc_column_text][callout title=”Read More” link=”https://www.avvo.com/attorneys/60601-il-mark-sutter-1193967/reviews.html”]My daughter had a DUI and Mark represented her. He was very kind and non judging. We always felt like he was doing what was best for our situation!!! A true gentleman, very reliable, intelligent and trustworthy.[/callout][vc_column_text css=”.vc_custom_1517380817973{margin-top: 20px !important;padding-top: 20px !important;padding-right: 10px !important;padding-bottom: 20px !important;padding-left: 20px !important;background-color: #f2f2f2 !important;}”]
WHAT HAPPENS IF A DUI DUPAGE COUNTY CLIENT TOOK THE BREATHALYZER TEST
If you took the breathalyzer test and the results show that the blood alcohol level in your system was .08 or higher, you will be facing a driver’s license suspension of six months. The suspension of your Illinois driver’s license starts 46 days after the arrest. However, until then, you can legally drive your vehicle.[/vc_column_text][vc_column_text css=”.vc_custom_1524198488901{padding-right: 20px !important;padding-left: 40px !important;}”]
OTHER WAYS OUR DUI ATTORNEY MAY DEFEND YOUR DRUNK DRIVING CASE IN DUPAGE COUNTY:
Sutter Law Group will do everything to defend your rights against a DUI Charge. Below are 40 ways we might approach your case.
Please note: It’s important to note that if the police officer detains you and begins questioning you about the events you have the right to remain silent. We advice you to demand to speak to a lawyer before answering any questions because ANYTHING you say to the police officer can be used against you in court. Feel free to contact DUI Attorney, Mark Sutter, at 630-519-6900.
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WERE YOU WEAVING INSIDE THE LANES?
Did you know that weaving without crossing the lines is NOT a violation of the law? Furthermore, a vehicle cannot be stopped for simply “Weaving Inside the Lanes”.
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HOW ACCURATE WAS THE FIELD SOBRIETY TESTING?
You’ve probably seen people pulled over on the side of road doing a “Field Sobriety Test” to determine if a drive is under the influence. Research has proved that in healthy individuals, the one-leg stand test has only a 65% accuracy rate with the walk-and-turn test reporting only a 68% accuracy rate. Additionally, the validity rate of a field sobriety test drops lower if the person has injuries, is 50+ pounds overweight or has a medical condition.
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WAS THE STOP ILLEGAL?
To stop a person or vehicle, an officer has to have a reasonable basis to believe that a traffic law or other law has been violated.
DID SOMEONE MAKE AN ANONYMOUS REPORT OF DRUNK DRIVING?
A car can’t be stopped because an anonymous citizen reported that the driver was drunk. The officer needs to have a reason to believe a traffic law was violated to stop a car.
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WAS THE FIELD TEST NON-STANDARDIZED?
The following requests are not considered valid sobriety tests by the Federal Government (NHTSA) nor medical science; touching your finger to your nose, saying the alphabet, or counting backwards.
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ARE THERE ANY BOOKING ROOM VIDEOS?
In today’s digital age, many police stations videotape suspects at the police station. Surprisingly, the suspects speech is clear and their balance is perfect, in spite of police testimony to the contrary.
HOW QUICKLY WAS A TRIAL OFFERED?
A DuPage County DUI client must be provided a trial within 120 to 160 days of demand. If the trial is delayed by the court or prosecutor, the charges must be dismissed.
HOW ACCURATE IS A BREATH TEST?
The Illinois Supreme Court has stated that breathalyzers are not foolproof. Almost all experts concede that one breath test alone is unreliable. In fact, breath testing in Illinois is can have various inaccuracies, including a +/- 12.5% variance, non-specificity for ethanol, etc.
ARE THERE ANY SQUAD VIDEOS?
We like to ask for squad videos. Often times the suspect’s driving and performance on a field test is recorded and in some cases contradict the police testimony.
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HOW ACCURATE WAS THE POLICE BLOOD TEST?
There are prescribed rules of testing, analysis, and preservation recommendations. Our DuPage County DUI Lawyers will question the accuracy of the results based on these guidelines.
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HOW ACCURATE WAS THE HOSPITAL BLOOD TEST?
Did you know that hospital blood tests overestimate the actual level of alcohol in the blood by as much as 25% in healthy, uninjured individuals! Furthermore hospital blood tests are not statistically reliable in severely injured persons.
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WAS THE BREATH TEST OPERATOR LICENSED?
A breath test result will be ruled inadmissible by the court if the Illinois Breath Test Operator does not possess a valid, unexpired operator’s license.
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DID THE BREATHALYZER MACHINE MALFUNCTION?
We’ve seen this occur in several DUI cases. The results of a suspect’s blood test will be invalid if there was a malfunction or repair of the breath test instrument within 62 days before or after a suspect’s breath test.
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WAS THE BREATH TEST OPERATOR LICENSE VALID?
Licenses for an Illinois Breath Test Operator automatically expire every 3 years. They must have an unexpired operator’s license for the breath test results to be admissible.
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WAS THE BREATH TEST DEVICE APPROVED?
The results of a suspect’s breath test are admissible if the breath testing instrument used was listed on the Federal List of Approved Breath Evidential Instruments and the ISP approved list of Devices.
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CAN THE PLAINTIFF PROVE DRIVING?
Just because a defendant admits to driving, without more, it does not prove a charge of driving under the influence.
WERE THERE ANY INDEPENDENT WITNESSES?
Many times, independent witnesses to accidents, bartenders, hospital personnel or others can provide critical evidence of the defendant’s sobriety.
WERE YOU GIVEN A MIRANDA WARNING?
If the police did not properly issued you Miranda Warnings while in custody for a DUI, prosecutors may not use statements you made as evidence.
HOW CREDITABLE IS THE OFFICER’S PRIOR DISCIPLINARY RECORD?
If the police officer has a questionable previous disciplinary record, it can be used to attack the officer’s credibility.
WAS THE BREATH TEST ON A PORTABLE DEVICE?
Illinois law prohibits the use of portable breath testing results as evidence at trial in a DUI case.
WAS THE PORTABLE BREATH TEST PROPERLY ADMINISTERED?
According to the manufacturers of portable breath testing devices, it is required that a minimum of two breath tests be taken to consider the results evidential in nature.
DID YOU HAVE AN OBSERVATION PERIOD?
Prior to a breath test, Illinois requires that a driver be observed continuously for a minimum twenty minutes prior to a breath test. If you didn’t have an observation period the results may be considered inadmissible and not valid.
DO YOU HAVE HEALTH AND MEDICAL PROBLEMS?
Medical problems & conditions with legs, arms, neck, back and eyes can often affect the results of field sobriety tests & validity of breath test results.
WAS THE WEATHER BAD?
Poor driving or poor balance can be explained by high winds, low visibility, and other conditions. We’ll look at the weather in DuPage County the day or evening you were pulled over for a DUI.
WAS THERE PROBABLE CAUSE TO ARREST?
Any arrest for a DUI or Illinois Drivers License suspension will be reversed unless the police officer has specific and articulable facts to support any arrest for the DUI. Additionally the evidence will be suppressed at trial if there is no probable cause to arrest.
WAS THE SEARCH LEGAL?
The police are prohibited from searching a person or the automobile for a minor traffic offense, and may not search a car without a driver’s consent or probable cause. Any evidence illegally obtained is not admissible in court.
HAVE THE STATUTES OF LIMITATIONS PASSED?
The misdemeanor charge of DUI must be filed within 18 months of the date of offense, or the charges will be dismissed outright.
HOW CONSISTENT ARE THE POLICE OFFICERS STATEMENTS?
Any statement made by a police officer, verbally, in police reports, or at previous court proceedings may be used to attack that officer’s credibility.
WERE THERE ANY INTERFERING SUBSTANCES DURING THE TEST?
False results, such as asthma spray, cough drops, paints, fingernail polish may contain forms of alcohol which can cause the breath results to be invalid.
WAS THE BREATH MACHINE PROPERLY OPERATED
Failure to follow these requirements will result in improper readings. The manufacturers of breath testing devices have specified protocols which must be followed for a breath result to be valid.
WERE THE DISPATCH TAPES PRODUCED?
Most stops of vehicles are recorded on dispatch tapes, as well as recording police communications regarding an arrest of an individual. Failure to preserve such tapes upon request can cause all evidence which could have been recorded to be suppressed.
DID THE POLICE OFFICERS GIVE MISLEADING STATEMENTS?
If a police officer gave any misleading statement regarding the consequences of taking (or refusing) a blood, breath, or urine test will cause the suspension to be reversed and removed from the driver’s record.
WERE YOU ON PRIVATE PROPERTY?
A person cannot be suspended for drunk driving if the car was driven on private property.
ARE THERE ANY BOOKING ROOM VIDEOS?
Many police stations videotape the testing process. These tapes may establish that the testing procedure resulted in inaccurate or inadmissible tests due to burping, radio transmitters, and other improprieties.
Obviously, before determining the proper DUI defense, we thoroughly investigate your DUI DuPage County case. Sutter Law Group requires an in-depth interview with the defendant as well as copies of police reports, accident reports, test results, etc. It’s the reason, we consistently protect the rights of the accused and have a superb record in defending people accused of DUI’s.
Sutter Law Group represents clients throughout DuPage County in the following types of DUI cases:
• First–time DUI
• Multiple DUI’s
• Out-of-State DUI
• Underage Drinking
• Repeat and Felony DUI
• Aggravated DUI
• Driving Under the Influence Drugs
• DUI Resulting in Death
• DUI Resulting in Serious Bodily Injury
• Drunk Driving with Injury/Accident
