Driving Under The Influence

Driving under the influence (DUI) is a serious traffic violation.

Handcuffs and a set of car keys demonstrate the importance of talking to a Schaumburg attorney.

Schaumburg DUI Attorney With A History Of Success

Driving under the influence (DUI) is a serious traffic violation. When a driver operates a vehicle while under the influence of alcohol or another drug, he or she puts him- or herself and others in danger of a potentially deadly collision. It is important to remember that although DUI is often used interchangeably with DWI (driving while intoxicated) and used to refer to drunk driving, it actually refers to any act of driving while under the influence of a mind-altering substance. For example, an individual can be charged with DUI if he or she was suspected to be under the influence of an illegal drug like cannabis or methamphetamine or a legally-prescribed drug like Ambien. This is why it is important to always determine how your medication will affect you before you drive after taking it.

Like all other traffic violations and criminal charges, it is possible for an individual charged with DUI to defend him- or herself by working with an experienced criminal defense attorney.

Anatomy of a DUI Stop

When an officer notices that a vehicle is behaving erratically, such as swerving in and out of lanes, failing to maintain a consistent speed, or driving through stop signs and red lights, the officer may pull the erratic driver over.

After taking the necessary information from the driver, the officer might opt to have him or her perform roadside sobriety tests. This part can be confusing for driver. When you received your Illinois driver’s license, you gave implied consent to a chemical, breath, or blood test to determine your blood alcohol concentration (BAC). This means that if an officer asks you to take this type of test, you must take the test or you can face penalties for refusing a BAC test. Roadside sobriety tests, however, are not required by law and if you are asked to complete one, you have the right to refuse. Roadside sobriety tests can include walking in a straight line and turning and following the beam of light from an officer’s flashlight to determine your intoxication level.

Defenses to a DUI Charge

Although a DUI can seem straightforward, it is possible to defend your case against a DUI charge. Potential defenses to a DUI charge can include:

  • You were not read your Miranda Rights;
  • The Breathalyzer was not properly calibrated or otherwise gave inconsistent results;
  • The officer had no probable cause to arrest you; and
  • Your appearance or behavior was not due to drug influence, but to exhaustion, allergies, or illness.

Work with an Experienced Warrenville DUI Attorney

If you have been charged with a DUI, know that you can fight the ticket and avoid a conviction. Having a DUI on your record can have significant, far-reaching consequences for you. To learn more about your options when you are facing a DUI charge in Illinois, work with an experienced DUI attorney from The Law Offices of Shannon P. O’Malley, Contact our firm today to set up your initial legal consultation with us.