1. Inaccuracy of breath testing - nearly all experts agree that a single breath test is unreliable. Breathalyzers are not foolproof. It is subject to inaccuracies.
2. Field tests that are non-standardized are invalid - Neither saying the alphabet, counting backwards, nor touching your finger to your nose is considered a valid sobriety test by medical science or the National Highway Transportation Safety Administration.
3. Not providing a speedy trial - charges must be dismissed if a client is not given a trial within 120 to 160 days of demand, through delays of the prosecutor or court.
4. It is not illegal to weave inside the lane of traffic - as long as you do not cross the lines, it is not a violation of the law and you cannot be pulled over for that reason.
5. Inaccurate blood test by police - Often times the blood testing by police fails to follow the set rules of analysis, testing and preservation techniques.
6. Unlicensed breath test operator - the breath test is inadmissible if the operator has an invalid or out of date operator's license.
7. Inaccurate standard field sobriety testing - There is only 65% accuracy in the one-leg stand test in healthy individuals, in addition the walk and turn test is only deemed 68 % accurate. The test cannot be judged valid for those with medical conditions, injuries, overweight, or over 65 years of age.
8. Inadmissible use of a portable breath test - the portable breath test results are prohibited by Illinois law as evidence at trial in a driving under the influence case.
9. Illegal Search - a person or automobile cannot be searched by police for a minor traffic offense. In addition, they must have the consent of the driver or there must be probably cause. If any evidence is obtained it is not admissible in court.
10. Failure to provide Miranda warning - any statement made by the defendant when the police failed to make the Miranda Warnings may not be used as evidence against you in a DUI case.
11. Bad Weather - conditions such as high winds and low visibility from weather reports can cause poor balance or unusual driving.
12. Private property - you cannot be suspended for drunk driving if you have not driven on a public highway.
13. Improperly maintained breath machine - There are protocols by the manufacturers of the breath machines which must be followed to obtain a valid reading. If there is a failure to adhere to these protocols, there will be improper readings.
14. Police making misleading statements - If the police provide any misleading statements about the results of refusing or taking the breath, urine or blood test, then the suspension may be reversed and removed from the record of the driver. Contact your Elmhurst DUI Attorney.
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