In order to be found guilty of driving under the influence in Illinois, prosecutors must show that people were driving with a blood alcohol content level over the legal limit of .08 percent. In order to prove this, police use a variety of testing methods. These methods include field sobriety tests, breath tests and blood tests. Each of these tests has very specific ways that they need to be administered in order to be accurate. If they are not correctly used, the results may not be accurate enough to be used in court.
In a recent Illinois case, a woman was not arrested on a DUI charge after she allegedly crashed her car and was taken to the hospital. In this case, it is unclear how the police have determined what her BAC level was at the time she was driving.
According to reports, the woman was driving Eisenhower Expressway in a minivan in the early morning hours. Police claim that while driving the woman lost control over her car and smashed into a light pole. That collision caused her car to cross the concrete median and travel to the left side shoulder before coming to a stop. Shortly after the woman exited her car, the minivan burst into flames.
In this case, the woman should make sure that part of her criminal defense is to question the tests used to determine her BAC level at the time she was driving. In this case, it is possible that significant amounts of time had passed between the accident and the time when the tests were conducted. If this is the case, the value could have changed significantly.
Challenging how police conduct BAC level tests is just one option for those facing a DUI charge in Illinois. By exploring all their criminal defense options, people can avoid convictions and reduce penalties.
Source: CBS Chicago, “Driver Arrested For DUI After Fiery Crash On Eisenhower,” May 29, 2013
