CAN I BE CONVICTED OF DUI IF I DIDN’T TAKE ANY FIELD SOBRIETY TESTS?

The answer depends on your specific circumstances.

Did your driving show impairment?  Did you behave in a calm and controlled manner with police?  Were you stumbling to get out of the car?  Is your voice slurred on the evidence video?

On or about your first court date, your attorney will request any evidence that the state may have on you.  The evidence will likely include a video of your arrest.  The video should show what happened during the police stop and may even show your driving.  After viewing the video, your attorney can better assess if the state will be able to prove all the elements of the DUI beyond a reasonable doubt.  If not, you may want to take your case to trial.

Bear in mind  if the police later obtain a blood or breath test showing you were above the .08 limit, the lack of field sobriety tests might not matter. However, an attorney can also evaluate whether police had probable cause to stop or arrest you.  If not, the attorney can bring a motion to suppress the evidence from your stop, which, under limited circumstances, may result in the judge dismissing your case.

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.)