Chicago DUI lawyer explains why the accused doesn't have to blow

This Chicago DUI lawyer will admit it; she’s surprised that prosecutors still think the burden of proof belongs to the accused, not the government. Today, after asking a prosecutor about his bracket our conversation turned back to the law. “Hey Ava, if your client’s innocent, why won’t they just blow”? I’m sure the look on my face didn’t hide my initial thoughts, but here’s the answer that I wished I’d given him:

You do realize that in Illinois the government is given not one, but two bites at the apple when it comes to DUI arrests right? That’s right, anyone charged with a DUI who submits to blood, breath, or alcohol testing will find themselves with not one but two charges of DUI. One charge will be issued if the results of the chemical testing are above the legal limit of .08 but another one will be issued as a just in case.

Here’s how the just in case works. What if the accused submits to the chemical testing and the results are under the legal limit? Well, it’s certainly been my professional experience that people still find themselves arrested and charged with DUI. They still find themselves having to hire a lawyer to defend them. They still face all of the fear and confusion that comes with wondering why on earth they got arrested when their test results proved their innocence.

In a nutshell, Mr. Prosecutor the burden of proof isn’t on the accused but on the government. This isn’t the Salem witch trials where those accused of witchcraft were given the test of being tied into a sack and thrown into a body of water. If they floated, they were guilty of witchcraft. If they sunk, they were innocent. Like the two DUI charges, the witchcraft tests sound a lot like a damned if you do, and a damned if you don’t situation. Fortunately, we don’t require that people prove their innocence, no the burden of proof rightly belongs to the government.