DUI has a reputation for being unbeatable. Many arrested drivers fear they would automatically face costly consequences the moment they get pulled over. After all, the thought of losing your driving privileges is scary. Especially in cases that involve an accident, it’s easy to imagine the serious penalties you would have to shoulder.
Fortunately, no DUI case is insurmountable. Particularly in Illinois, there’s plenty of proven defenses to prove your innocence, or at least get your punishment mitigated. Whether you are actually guilty or not, the only thing that matters now is to present the more believable make your side of the story.
If you get arrested for DUI in Springfield, IL, here are some successful defense angles to pursue:
Rising Blood Alcohol Content
Illegal is having an excessive amount of alcohol in your body while you are behind the wheel — not when you are being tested. The premise of a rising blood alcohol argument is that the alcohol may take some time before your system completely absorbs it. So, it is probable that your blood alcohol only exceeds the limit when you were pulled over and not when you were driving.
The testing equipment police use is designed to get a sample of alveolar air — the breath coming from your deep lung tissue. Residual mouth alcohol can stay in your mouth by burping and even by suffering from acid reflux and heartburn among other similar conditions. Detecting residual alcohol would cause a higher result.
The fact that the instrument could say you exceeded the legal BAC limit for other reasons, you could argue that your mouth alcohol reading was wrong.
Even if you were really driving under the influence, you may be dismissed if the office demonstrated any form of misconduct. Whether the DUI report was inaccurate or the police fail to abide by the necessary procedures, you may walk away with reduced or no charges at all. Besides, police misbehavior is not unheard of these days.
In any DUI case, only conviction can make you guilty. Unless proven otherwise, you are innocent and your aggressive defense would show that to the court.