Monday, December 22, 2008

Should I Blow (or do any of the other tests)?

The answer to this question varies based on several factors, including:

* Is this your first DUI, or do you have an earlier arrest for DUI in any State?
* Are you over 21?
* Do you hold a Commercial Driver's License (CDL)?
* Many other variables

When an officer first asks you step out of your vehicle and submit to Standardized Field Sobriety Tests, the officer is likely just looking to become more confident in his decision to arrest you. Ultimately, no matter how well you do, the officer will probably arrest you and charge you with a DUI. I had a client where the officer wrote on the State's Evidence Reports that my client had passed all of the Standardized Field Sobriety Tests... that officer still allowed me the privilege of serving my client. My client was not told "Sir you have passed the Standardized Field Sobriety Tests, I am sorry for any inconvenience", and told to continue on his way. He was arrested for DUI!

The Breath Test should not be taken unless you are certain that you had no more than a small glass of wine, not a tumbler (and you weigh more than Paris Hilton). You can still be charged with DUI, even if you submit to the Breath Test and the result is under the legal limit in Illinois of .08 BAC. I had a client who willingly submitted to the breath test and his results were under the legal limit of .08. He still was charged,and after several court appearances I was able to successfully have all of the charges dismissed. Based on that example, you should assume that even if you blow, and blow under the legal limit, the officer will not tell you "Ma'am you have passed the Breath Tests, I am sorry for any inconvenience, and you are free to go."

Blood or Urine tests are amongst the trickiest. Did you know that your blood or urine can show traces of drugs that you ingested weeks, if not months ago? Did you know that you could be found guilty of a DUI, even if you had a prescription for the drug that the police found in your system?

Once arrested, you face both criminal charges and the loss of your driving privileges. You need an attorney who is experienced in the complex field of DUI law to defend your freedom and driving privileges, and represent you in the Secretary of State's administrative proceedings. An attorney who specializes in defending DUI charges will be able to guide you on the immediate steps which must be taken very promptly to give you the best possible outcome.

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Comments are welcome but please do not leave personal information or specific legal questions in the comment field. If you need legal assistance, the best way to get in touch with me is to call my office at 312.944.3973