How Do You Get a DUI Dismissed in Illinois?

A conviction for DUI in Illinois will forever change your life. If this is your first DUI case, or even your first arrest for any alleged offense, a conviction will create a criminal record, could bring a jail sentence, and comes with a mandatory loss of license for up to one year.

Clearly, it is important to fight back against these charges every step of the way. To this end, it is reasonable to ask how to get a DUI dismissed in Illinois. The fact is that steps you can take immediately after a traffic stop can work to weaken a future prosecutor’s case. At the same time, there are arguments that you and an attorney from Liberty Law, P.C. can make in court that help convince a judge or jury to dismiss your Illinois DUI charge.

Protect Yourself During an Initial Traffic Stop and While in Police Custody

Everyone knows that it is illegal to drive on public roads in Illinois while under the influence of drugs or alcohol. Because of this, police officers who make traffic stops for any reason will be looking for an excuse to charge a driver with DUI.

One thing that drivers can do to protect themselves is to refuse to talk about the case without a lawyer present. Outside of providing basic identifying information to a police officer making a traffic stop, there is no requirement under the law to answer any questions. Nor is there a requirement to take field sobriety tests.

The sole exception to this is submitting to an officer’s request for a blood/alcohol test. State law says that all drivers give their implied consent to these tests whenever they are on public roads. Refusing to take these tests will result in an automatic license suspension after a DUI arrest. However, it can be a way to weaken a prosecutor’s future case in court. The team at Liberty Law, P.C. can provide more information about what information you need to provide to an arresting officer and how to protect yourself against a possible DUI conviction from the earliest encounters with police.

Working Towards a Dismissal in Court

In many DUI cases, an arrest and eventual prosecution is inevitable once a police officer has the opinion that a driver was impaired. With this in mind, it is important to understand what a prosecutor must prove in court to obtain a conviction.

According to 625 ILCS 5/11-501 prosecutors may attempt to argue that a driver had a blood/alcohol level of .08 percent or more. They may also attempt to build a case that a driver was simply “impaired” and unfit to be on the road. Either path can result in conviction.

This means that obtaining a dismissal of an Illinois DUI charge involves fighting back against these ideas. An attorney from Liberty Law, P.C. may argue that:

• A blood/alcohol test was faulty, or the results did not meet the standard of intoxication
• A police officer did not have probable cause to make a traffic stop that resulted in the DUI arrest
• The person under arrest was not operating the vehicle in violation of the state’s laws

All DUI cases in Illinois are unique. A lawyer could help by making the correct arguments before judges and juries that help obtain a dismissal of these charges.

Contact the Team at Liberty Law, P.C. Now to Work Towards a DUI Dismissal in Illinois

Receiving a DUI conviction in Illinois will have catastrophic consequences. You need to do all that you can to avoid this outcome. This can include knowing how to interact with police officers during traffic stops and understanding your obligations under the law. It also means making persuasive arguments during every court session. Letting an attorney from Liberty Law, P.C. handle the case could increase your chances of obtaining a DUI dismissal in Illinois. Reach out to them now to see how they could help.