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Frankfort, IL DUI Defense Lawyer
Drunk Driving Defense Attorney in Frankfort, IL
Driving under the influence (DUI) is a serious offense with severe consequences under Illinois law. From the moment you are pulled over on suspicion of DUI, it is important to secure legal representation from an experienced attorney. Attorney Khaled Issa can use various strategies to challenge the charges against you and protect your rights. With his experience successfully defending clients accused of DUI, he can help you determine the best steps to take to resolve your case while minimizing the potential penalties and protecting your driver's license.
The Initial DUI Traffic Stop
A DUI arrest will typically take place after a traffic stop by law enforcement. An officer may pull someone over because they observed them driving in an erratic manner or because of other traffic violations. For example, an officer may notice an issue such as a burnt-out brake light, giving them a reason to pull the driver over. During the traffic stop, the officer may look for signs indicating that the driver is impaired, such as the odor of alcohol, slurred speech, or a delayed response to questions.
A traffic stop must be based on reasonable cause under the law. Attorney Issa can examine the circumstances surrounding a traffic stop to make sure the officer had a valid reason for pulling the driver over. If the stop was unjustified, it may be possible to suppress any evidence obtained.
Field Sobriety Tests
When a police officer suspects that a driver is intoxicated, they may ask the driver to perform field sobriety tests to assess their cognitive and physical abilities. These tests, which may involve walking in a straight line or following an object with one's eyes, are designed to detect impairment and provide an officer with probable cause to perform a DUI arrest. However, field sobriety tests are subjective, and they can be influenced by various factors, including medical or environmental conditions.
Unlike breathalyzer tests performed after a DUI arrest, drivers are not required by law to submit to field sobriety tests. Due to how subjective these test results are, most DUI defense lawyers will advise drivers to politely decline these requests. However, if a client did submit to field sobriety testing, Attorney Issa can challenge them by questioning the administration of the tests, addressing the officer's qualifications, or noting any external factors that could have affected the driver's performance. Certain medical conditions or physical limitations may also have impacted a person's ability to perform during the test, and these factors may have had nothing to do with having drugs or alcohol in their system.
Breathalyzer Tests and Other Chemical Tests
If the officer believes there is probable cause to believe that a driver was intoxicated, they may perform an arrest. After being arrested and taken to a police station, a driver will be asked to take a chemical test to determine their level of intoxication. These tests may consist of a breathalyzer, a urine sample, or a blood draw. Under Illinois' implied consent law, a person automatically consents to take a chemical test following a DUI arrest. A chemical test showing that a driver was under the influence will result in an automatic suspension of their driver's license for six months for a first offense or one year for a subsequent offense. Refusal to take a chemical test will result in a one-year license suspension for a first offense or a three-year suspension for a subsequent offense.
Chemical tests are not infallible, and they can be subject to errors or inaccuracies. Even if a breathalyzer test or a blood or urine sample indicated intoxication, Attorney Issa can challenge the validity of the results by examining the calibration records of the equipment used, the qualifications of the officer who conducted the test, or other factors that could have influenced the test's accuracy.
Court Proceedings
After a DUI arrest, there are several court proceedings that will take place, including arraignment, pre-trial motions, and potentially a trial in which the prosecution must prove the defendant's guilt beyond a reasonable doubt. Should a case proceed to this point, Attorney Issa will meticulously review the evidence, identify weaknesses or inconsistencies in the prosecutor's case, and craft a defense strategy based on the specific circumstances of the case. He may be able to challenge the credibility of witnesses, present expert testimony, or negotiate a plea bargain to reduce the charges or penalties.
Contact Our Frankfort, IL DUI Defense Attorney
Facing DUI charges can be a stressful experience. The results of the case can have a significant impact on your future. In these situations, you need a skilled Frankfort DUI defense lawyer fighting for you. To get legal help as you defend against a DUI conviction, contact our firm at 708-966-2408 and schedule a private consultation with Attorney Issa.