To be convicted of DUI in Illinois, the state must prove beyond a reasonable doubt that you were in physical control of a vehicle while under the influence of alcohol or another drug. To determine if a defendant was really impaired, judges tend to focus on the driving.
In fact, it’s all about the driving.
In Illinois, you are presumed impaired if your blood alcohol is over .08. But this is only a presumption. To prove you were actually impaired, the state might introduce the squad car video of your driving and/or your field sobriety tests. If there is no video, the court may rely on the testimony of witnesses or the officers that you were weaving all over the road. Either way, if your driving seemed bad, the judge is much more likely to find against you.
On the flip side, good driving can help exonerate you. If your performance on video looks steady, the court may be less inclined to believe you were too drunk to drive.
If you are charged with DUI or another offense, contact an experienced attorney immediately. An attorney may review your case for your best possible defense. If the police acted improperly, the attorney may be able to petition the court to suppress the evidence from any search. Even if this is not possible and the evidence against you is overwhelming, an attorney who is respected in the courthouse may be able to negotiate a more favorable plea agreement than you could on your own.
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).