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New Lenox, IL DUI Defense Lawyer
Defending Your Rights Against DUI Allegations in New Lenox, IL
When you are arrested for DUI, you may face profound legal, social, and personal consequences. Depending on your prior criminal history, a DUI can result in loss of driving privileges, hefty fines, and even jail time. Even if you are acquitted, the arrest alone can impact your employment if your job involves driving or if your professional license is suspended. To ensure that you will be able to address the charges against you and defend against a conviction, you will need a skilled legal advocate on your side.
If you have been charged with driving under the influence, you are no doubt stressed and concerned about how this arrest will impact your future. Given the possible consequences, having a skilled DUI defense lawyer like Attorney Khaled Issa in your corner is crucial. With extensive criminal law experience, he knows how to navigate the Illinois criminal justice system and where to find the potential holes and weaknesses in the prosecutor's case against you.
DUI Traffic Stop
A DUI stop occurs when a police officer observes suspicious driving behavior, such as swerving, speeding, or failing to obey traffic signals. Based on these observations, an officer may have reasonable suspicion to initiate a traffic stop. After pulling a driver over, the officer will approach the vehicle and engage the driver in conversation, looking for signs that they have been drinking or using drugs, such as bloodshot eyes, slurred speech, or the odor of alcohol.
Attorney Issa will look for ways to challenge the traffic stop. There may be questions about the legality of the stop itself. For example, did the officer truly have a valid reason to stop you? He will also examine the observations the officer claims to have made leading up to the stop, looking for any inconsistencies or deviations from established protocols. He may also investigate whether the stop was based on racial profiling or other discriminatory practices. Any violations of your Fourth Amendment rights, such as unlawful search and seizure, could lead to the suppression of evidence obtained during the stop.
Field Sobriety Tests
During a traffic stop, an officer may ask the driver to undergo field sobriety tests (FSTs) to assess their physical and cognitive impairments. Standard tests include the one-leg stand, walk-and-turn, and horizontal gaze nystagmus tests. These tests are designed to measure balance, coordination, and attention, but their reliability can be subjective, and they can be influenced by various factors. Drivers are not required to submit to field sobriety tests by law, and most lawyers recommend that drivers politely decline these requests.
If you did submit to field sobriety testing during your traffic stop, Attorney Issa will look for evidence that may result in the tests being dismissed as evidence against you. This can include environmental factors like poor weather or uneven ground that could have impacted your performance. Other factors Attorney Issa may examine include nervousness or physical conditions that may have influenced your results or whether the officer properly explained and administered the tests.
Breathalyzer Test Results
In Illinois, implied consent applies to drivers in the state. When you accept your driver's license, you essentially agree that you will submit to a breathalyzer test if you are arrested for DUI. Implied consent does not apply to roadside breathalyzer tests that an officer may ask you to take during a traffic stop. However, chemical testing of your breath, blood, or urine after being arrested and taken to a police station is required. Refusal to submit to these types of tests will result in the automatic suspension of your license by the Illinois Secretary of State. An administrative license suspension is separate from the criminal charges you may face for DUI.
If you did take a breathalyzer test, and the results showed that you were over the legal limit, Attorney Issa may be able to cast doubt about these results. Some factors that could result in an incorrect reading include the calibration of the device used, maintenance records of the device, and the training and qualifications of the officer who administered the test. There may also be medical conditions or other external factors that could have impacted the test that Attorney Issa may be able to use to challenge the test results when defending against a DUI conviction.
Contact Our New Lenox, IL DUI Defense Attorney
If you have been arrested for DUI, the dedicated New Lenox DUI defense lawyer at Issa Law, LLC can advocate on your behalf during your case. Attorney Issa will help you take steps to avoid a DUI conviction while also working to reinstate your driver's license as quickly as possible. Contact our office at 708-966-2408 to schedule a private consultation with Attorney Issa and learn how he can help you fight DUI charges.