At The Prior Law Firm, P.C., we are vigilant in reviewing the details of the initial DUI stop and the circumstances that led up to the event. Many times this is the foundation of a solid DUI defense fighting to minimize DUI charges.
In Illinois, a DUI charge may result in a misdemeanor or felony offense. Each DUI defense is different depending upon the particular facts of the case. Additionally, there are at least two issues that every DUI defendant must be concerned with.
One issue is handled in criminal court and the other is addressed by filing a civil motion or petition. First, a DUI is a criminal matter; therefore, the charge involves many issues concerning both substantive and procedural criminal law.
Second, a DUI charge brings to the surface numerous civil law issues between the motorist and the Secretary of State. For example, a motorist will likely face a statutory summary suspension and/or a possible revocation of their driver's license. A motorist charged with a DUI offense should be represented by an experienced attorney who is able to identify key issues in both the individual's criminal and driver's license suspension/revocation case.
Many DUI cases turn on just one or two specific issues that may seem insignificant to the untrained eye. For example, key issues in a DUI case include, but are not limited to, whether the:
- Officer had a reasonable suspicion to stop the vehicle
- Individual was in actual physical control of the vehicle
- Motorist was driving on a private property or on a public highway
- Arresting officer administered the correct standardized field sobriety tests to the motorist
- Officer administered the Breathalyzer test properly to the motorist
- Breathalyzer instrument was functioning properly on dates before and after, as well as on the date, the motorist took the breath test
- Officer who administered the breath test to the motorist had current certifications to do so
- Failure of the officer to record information into the logbook was administrative or procedural error that could affect the admissibility of the results of the breath test as evidence against the motorist.
To schedule a free initial consultation to discuss your case and the initial DUI stop, please call attorney John Prior of The Prior Law Firm, P.C., of Peoria, Illinois, today at 309-319-7123.
Bloomington Drunk Driving Defense Lawyer
We watch the DVD of your DUI arrest and field sobriety tests with you so that you can interpret what happened, pointing out any physical or psychological circumstances that may have led to a failed test. These details may not come out at the stop given the stress of the situation, but learning them later, we can use them in your defense.
