What Are the Best Defenses to DUI in Illinois?

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If you’ve been charged with a DUI (Driving Under the Influence) in Illinois, you’re likely feeling overwhelmed, and rightfully so. A DUI conviction can lead to serious consequences, such as a revoked driver’s license and even jail time. But being arrested for DUI does not mean you are automatically guilty. In fact, many DUI cases can be successfully challenged with the right defense strategy.

At The Davis Law Group, P.C., we’ve helped hundreds of clients fight DUI charges across Illinois. Below are some of the most effective DUI defenses that we explore based on the specific circumstances of each case:

1. Lack of Reasonable Suspicion for the Traffic Stop

Law enforcement must have a valid reason to pull you over in the first place. If the officer lacked reasonable suspicion, such as not observing a traffic violation or erratic driving, then the stop may have been improper. Evidence gathered after an illegal stop can be suppressed, which may lead to dismissal of the charges.

2. No Probable Cause for Arrest

Even if a stop is valid, an officer must have probable cause to make a DUI arrest. Simply smelling alcohol or noting red eyes isn’t always enough. If the arrest was made without sufficient cause, any evidence obtained after the arrest including results from chemical tests, may be inadmissible in court and lead to a dismissal of the DUI.

3. Improper Field Sobriety Test Procedures

Field sobriety tests (FSTs), like the walk-and-turn or one-leg stand, are commonly used to establish impairment. However, these tests are highly subjective and can be challenged if:

  • They weren’t administered according to NHTSA (National Highway Traffic Safety Administration) standards

  • The environment (e.g., weather, uneven pavement, lighting) impacted your performance

  • The officer failed to give proper instructions

We often can successfully challenge the accuracy and reliability of these results in court.

4. Inaccurate Breath Test Results

Breath testing devices must be properly calibrated and maintained to produce reliable results. A sample of the issues we investigate include:

  • Was the machine certified and functioning correctly?

  • Was the officer certified and trained to use it?

  • Were you observed for the full 20 minutes before the test, as required?

Problems in any of these areas can lead to false positives or inflated readings.

5. Rising Blood Alcohol Content (BAC)

Alcohol takes time to absorb into your bloodstream. If your BAC was below the legal limit while you were driving but rose after you were stopped as a result of continued absorption, you may have a valid “rising BAC” defense.

6. Medical Conditions

Certain medical conditions such as acid reflux can produce substances in the body that interfere with breath tests, sometimes mimicking alcohol and leading to false readings. A medical expert may be brought in when this issue is suspected to challenge the reliability of chemical tests.

7. Witnesses or Video Evidence Contradict the Police Report

Today, many DUI stops are recorded via dash cam or body cam. If your behavior on video doesn’t match the officer’s report, or if civilian witnesses contradict the state’s version of events, this can cast doubt on the reliability of the prosecution’s case.

Why Hiring an Experienced DUI Attorney Matters

DUI cases are complex and time-sensitive. An experienced DUI defense attorney will:

  • Analyze every piece of evidence collected

  • Identify errors in police reports and test results

  • Fight to suppress illegally obtained evidence

  • Negotiate for reduced charges or alternative sentencing options when appropriate

At The Davis Law Group, P.C., we approach every DUI case with a tailored strategy. Whether it’s your first offense or a repeat charge, we’re here to protect your record, your license, and your future.

Call Today for a Free DUI Consultation

Don’t face a DUI charge alone. Contact The Davis Law Group, P.C. today at 847-390-8500 or  submit a contact form to request a free consultation. We’ll evaluate the facts of your case and explain how we can help you fight back.