What Types Of DUI Defense Options Do I Have For My DUI Case?

Author: Don Pioletti Posted on: . Filed in: DUI.

One of the questions that we hear from potential clients is, “Do I have any DUI defense options that will keep me out of jail?” Being charged with drunk driving is a frightening, embarrassing and stressful experience. In addition to the financial and emotional cost of fighting a DUI charge, you also have to consider the possible physical cost of losing your freedom if you are incarcerated due to a DUI conviction.

The good news is that there are several DUI defense options that can be used to potentially obtain a dismissal of your case, negotiate a lesser charge, obtain a reduced sentence or even receive a not guilty verdict from a jury. In order to determine the best DUI defense strategy for the specific facts and circumstances of your DUI charge, you need to hire an experienced Central Illinois DUI attorney. The attorneys of Pioletti & Pioletti have the experience and knowledge necessary to devise a DUI defense strategy that will give you the best chance of receiving a favorable outcome in your DUI case.

DUI Defense Options for an Illinois DUI Charge

There are several ways that you can respond to being charged with drunk driving; however, you must not ignore the matter. A DUI charge is not just another traffic ticket. It is a criminal offense that carries severe penalties, including jail time, suspension of your driving privileges and significant fines. The key to reducing the chance of receiving the most severe penalty for DUI is to have a good DUI defense strategy that highlights the weaknesses of the prosecution’s case.

When you are accused of a crime, you are innocent until proven guilty. It is not your responsibility to prove your innocence. The state must prove your guilt beyond a reasonable doubt. The first step in your DUI defense is to plead not guilty at your arraignment. The state must then begin to put together a case that will prove your guilt beyond a reasonable doubt. Your job will be to raise issues of doubt by highlighting mistakes or weaknesses in the state’s case. By introducing “doubt” into the case, you will make it much more difficult for the state to prove that you were driving under the influence or while you were intoxicated.

For example, a police officer cannot simply pull you over without having probable cause for the traffic stop. The Fourth Amendment protects your right to be free of unlawful or unreasonable searches and seizures. If the officers stop you for improper lane change but decide to give you a blood alcohol test without probable cause to believe your are driving drunk, any evidence obtained may not be used against you. An experienced attorney knows how to use DUI defense techniques to question and, in some cases, defeat probable cause.

Another DUI defense may include questioning the validity or reliability of field sobriety tests. These tests can be highly inaccurate and provide false positives under certain circumstances. For example, if you have a medical condition that causes your eyes to jerk or if the HGN test is performed while the headlights of oncoming traffic are shining in your eyes, you may fail the test even though you are sober or below the legal BAC limit. With an experienced Illinois DUI attorney at your side, you may be able to overcome the results of these tests even if you failed the tests at the time of the DUI traffic stop.

Developing a DUI Defense Strategy

Your drunk driving attorney will discuss the facts of your case with you, investigate the evidence that the state has against you and advise you of the DUI defense strategy that will give you the best chance of a favorable outcome. With the use of the above DUI defenses and other DUI defenses, your attorney may be able to help you avoid jail time, receive a non-guilty verdict or receive a reduced sentence. The first step is to contact our office for a free consultation to discuss your legal options.

Contact Our Office for a Consultation with an Experienced Illinois DUI Attorney

The attorneys of Pioletti & Pioletti represent individuals who need experienced DUI defense attorneys. Serving clients throughout McLean, Woodford, Tazewell and Peoria counties by providing compassionate, competent legal services. We offer free consultations. You can contact our office by calling 309-938-4838.

When you need the assistance of an experienced criminal defense attorney in Central Illinois, call the compassionate and skilled attorneys of Pioletti & Pioletti. We are dedicated to giving our clients exceptional service and support throughout the DUI process.

Don Pioletti

Don Pioletti

Don B. Pioletti, Jr. was born on August 2, 1946 in Washington, Illinois. He graduated from Eureka High School and received a Bachelor’s Degree from Eureka College in 1970. He served in the Army during the Vietnam War and then graduated from George Mason University Law School in 1976. He served as an Assistant Illinois Attorney General and as an Assistant State’s Attorney. From 1990 until July of 2014 he served as the Woodford County Chief Public Defense Attorney.
Don Pioletti