Illinois State Police recently announced the results of a new initiative. The police department began a counter-measure known as Ace Patrol that resulted in writing 14 citations and arresting one person for DUI. The goal of the program is to remove potentially dangerous drunk drivers from the road.
When going to court after a DUI arrest, it is vital for defendants to have proper legal counsel and be honest with the attorney about what transpired during the arrest. With this information, those facing charges can develop a viable DUI defense.
1. Mistake of fact
Many people will exhibit the symptoms of alcohol intoxication but did not have anything to drink previously. Occasionally, certain medications can cause people to test positive for alcohol. People need to be careful about driving while under the influence of prescription medication because that can also result in DUI. However, believing the effects of the medication had worn off can help as a defense.
2. Involuntary intoxication
It is possible the driver did not believe he or she consumed any alcohol that night. However, someone could have spiked a bowl of punch. The person did not feel tipsy and did not have any reason to believe he or she could not drive.
It can be difficult to prove necessity. The defendant has to show that he or she had a choice between driving drunk and another less desirable option. For this defense to work, the defendant has to show there was no viable alternative.
4. Improper stop
Occasionally, it is possible to build a case around how the police behaved during the traffic stop. A common argument that comes up in court is that the arresting officer did not have a valid reason for pulling the drunk driver over in the first place. Police officers require probable cause, such as a car swerving from one lane to the next, to pull someone over and administer DUI tests.