Homer Glen, IL DUI Defense Lawyer

Defense Strategies for Every Stage of Your DUI Case

If you have been charged with DUI, it is critical to mount a vigorous defense to minimize the potential consequences you could face under Illinois law. When you work with Attorney Khaled Issa to defend against DUI charges, you can rest assured that he will closely review all factors and angles that may affect your case. He will identify the weak spots in the prosecution's evidence and determine how he can amplify those issues and use them to defend against a conviction. Although every case has its own unique set of circumstances, some common defense strategies that can effectively challenge the prosecutor's case include:

Challenging the Reasons for a DUI Traffic Stop

One of the most effective defenses against DUI charges is challenging the validity of the traffic stop that eventually led to a DUI arrest. A police officer is required to have reasonable cause to pull a driver over. When an officer pulls a driver over without reasonable cause, any of the evidence they may have obtained during and after the stop, including observations of impairment or chemical test results, may not be admissible during a DUI case.

Attorney Issa will review all the circumstances surrounding the traffic stop that led to your DUI charge to try to identify any violations of your Fourth Amendment rights. The Fourth Amendment protects citizens from illegal government searches and seizures. Some common challenges Attorney Issa has successfully used in past cases include a lack of reasonable suspicion or a "pretextual" stop based on a minor traffic violation. By showing the court the traffic stop was not justified or that it violated your rights, Attorney Issa can undermine the prosecution's case against you, which can lead to reasonable doubt or even a dismissal of charges.

Contesting Field Sobriety Tests

Police officers commonly use field sobriety tests to determine if a driver is impaired. However, there are many factors that can influence these tests, and because they are based on an officer's subjective opinions, they are not a strong form of evidence showing that a driver was intoxicated. The results of field sobriety tests can also be affected by the driver's medical conditions, the officer's biases, or environmental factors. In most cases, it is recommended that drivers do not agree to submit to these tests. However, if you did take field sobriety tests during your traffic stop, and the officer claimed that you failed, Attorney Issa may challenge the administration and interpretation of the tests by questioning the officer's training and whether they followed standardized protocols. There may be other factors that could have impacted your results, including nervousness, fatigue, or physical limitations.

Attacking Chemical Test Results

After being arrested for DUI, you may have been asked to take one or more tests to measure the alcohol or controlled substances in your system. Breathalyzers, urinalysis, or blood tests are often used by law enforcement, and they can be key pieces of evidence in a DUI case. However, these chemical tests are not foolproof, and they can be subject to errors or inaccuracies. Challenging the reliability of test results is a common defense strategy in DUI cases.

Attorney Issa will examine several factors when determining the validity of any chemical tests, including the accuracy and calibration of the testing equipment used, the experience of the officer who administered the test, the qualifications of technicians who performed blood tests, and the chain of custody of any samples taken. Other factors that Attorney Issa may be able to use in your defense include showing evidence of issues that could have influenced the test results, such as a medical condition.

Establishing Rising Blood Alcohol Defense

In some cases, Attorney Issa has successfully used a defense strategy called the rising blood alcohol defense. There is a window of time between when a person consumes alcohol and when that alcohol increases their blood alcohol content (BAC). This defense considers the person's metabolism, absorption rate, and the passage of time between driving and testing. The rising blood alcohol defense contends that when the accused was driving, their BAC was still below the legal limit, but by the time police conducted the test, the BAC had risen to an illegal level.

Attorney Issa may use evidence such as witness testimony, receipts, and surveillance footage to establish a timeline of events and show that the accused's BAC was rising. He may also call a forensic toxicologist or expert witnesses to explain this process.

Contact Our Homer Glen, IL DUI Defense Attorney

Mounting a successful defense against DUI charges requires careful analysis of the evidence and strategic planning during criminal proceedings. A skilled Homer Glen DUI defense lawyer can protect your rights and minimize the consequences of a DUI conviction by using effective defense strategies. To get legal help from Issa Law, LLC, contact our office at 708-966-2408 and schedule a private consultation with Attorney Issa.