We have had success with DUI arrest pre-trial motions to suppress DUI case evidence in Illinois drunk driving cases. Among the the best Illinois DUI attorneys and best Chicago DUI Lawyers, we take great pride in helping our clients win DUI cases. Call us now at (312) 466-9466.
One common way to defend a DUI charge is to suppress evidence through pre-trial motions. For example, police have no right to request that a motorist submit to a breathalyzer test unless they have probable cause to arrest that person for driving under the influence. If they do not have probable cause, a suppression motion should be filed to suppress the evidence.
Under the law, all evidence obtained through an illegal arrest, including breathalyzer results, can be barred from introduction into evidence at trial.
Police will always claim that they have probable cause, but this is not always true. Sometimes police mistake dizziness from an accident or low blood sugar from a diabetic for drunkenness. Sometimes police exaggerate or embellish to justify an arrest. Sometimes police administer the Field Sobriety tests improperly and misunderstand the results. All of these situations would warrant a suppression motion.
If a motion to suppress is made based on lack of probable cause, it is possible to show that the police administered FST's improperly by cross-examining and questioning the officer administering the tests with the National Highway Transportation and Safety Administration DWI Detection and Standardized Field Sobriety Testing: Student Manual VIII-3 (2000).
In addition, Field Sobriety Test results can be explained by physical limitations, age, infirmity, injury, disease and other factors besides intoxication. Slurred speech can be attributable to a bump on the head from an accident, a diabetic with low blood sugar, a sore tooth, or many other reasons. If these factors exist, the officer's conclusion that he had probable cause to make an arrest is undermined, and the evidence should be suppressed.