You were stopped for failing to signal a turn. When you opened the window, the officer spotted a flask on your passenger seat, smelled alcohol and asked you to take field sobriety tests, which you refused. Can you be convicted because of the flask?
The answer depends on many factors. If the flask was empty, you may have a defendable case as long as there is little other evidence of DUI. But how empty is empty enough? If the flask is completely dry, you may not have a problem provided your driving and demeanor were steady. But what if the flask had a little alcohol at the bottom? A not guilty verdict may depend on how your particular judge sees the whole picture.
If you have been charged with DUI or related offense, contact an experienced attorney immediately. An attorney can review your situation for your best possible defense. How strong is the evidence against you? Does the entire case depend on the flask? If there is some alcohol remaining, can the state prove your driving was impaired? Did you pass any field sobriety tests? Did the police have probable cause to stop you in the first place? If not, an attorney may be able to petition the court to suppress any evidence from the stop.
If you have questions about this or another related Illinois criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.
(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)
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Illinois Jurisprudence: Criminal Law and Procedure. Vol. 1. (LexisNexis 2014).
Illinois Jurisprudence: Criminal Law and Procedure. Vol. 1. (LexisNexis 2014).