Anderson Attorneys & Advisors
Contact The Chicago Metro Area Criminal Defense Attorneys
At Anderson Attorneys & Advisors By Calling

Challenging BAC evidence: Your rights during DUI processing

On Behalf of | Feb 28, 2024 | DUI |

Driving under the influence (DUI) charges are among the most common criminal infractions prosecuted in Illinois. People from all different backgrounds can end up arrested during targeted traffic stops, at sobriety checkpoints or after their involvement in a collision.

DUI convictions may lead to someone’s incarceration. The defendant may have to pay large fines or give up their driving privileges. Those facing DUI charges often feel hopeless. A failed breath test might make them feel as though they have few options.

However, it is possible to challenge the accuracy of breath test results or the legality of including those results at a trial. People often need to learn about their rights if they hope to achieve the best outcome at trial.

Defendants have the right to question evidence

Those accused of crimes have the right to legal representation. Their lawyers can help them find ways to fight their charges. The right of discovery, which is the right to review the state’s evidence before trial, may lead to a defense attorney finding ways to challenge the evidence.

Breath tests are surprisingly unreliable. Despite the degree of trust that people place in chemical breath testing, the science is far from infallible. There are numerous different scenarios in which someone could fail a breath test for reasons other than alcohol impairment. There could be a perfectly innocent explanation for breath test results that seem to imply someone was well over the current blood alcohol concentration (BAC) limit in Illinois.

Additionally, the potential exists for the testing unit to fail and produce false results even when there isn’t a medical issue compromising its accuracy. Chemical breath test devices require regular calibration. Police departments need to properly maintain their testing devices, a process that may include installing software updates. The failure to properly maintain, repair and calibrate devices could undermine the accuracy of the test results.

Officers may have violated someone’s rights

Even if someone doesn’t have a specific reason to question the accuracy of test results, a defense attorney could still sometimes fight the use of breath test evidence at trial. In scenarios where police officers violated someone’s civil rights, such as when an officer conducts an illegal traffic stop, a defense attorney could keep certain evidence out of court.

There are ways to challenge the inclusion of evidence gathered through illegal behavior or violations of someone’s civil rights. Learning more about one’s rights when facing charges by seeking legal guidance can benefit those preparing to fight DUI charges.