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People who get DUI / DWI are just like everyone else. In my former job as an
Assistant State’s Attorney, I prosecuted people of all ages and backgrounds.
There is no stereotypical DUI candidate. Doctors, teachers, firemen all have
gotten a DUI. It is not the crime of the century, but the repercussions can be
very severe.

Just because someone is charged with DUI, does not mean they are guilty of
DUI. Police make mistakes. There are several considerations in a DUI case.
The Prosecutor must prove beyond a reasonable doubt that the person
charged with DUI drank any amount of alcohol. A common mistake is to think
you have to have a Blood Alcohol Content (BAC) of .08 or above to get a DUI
charge. This is not the case. The Prosecution must show that the amount of
alcohol in your system impaired your ability to drive your vehicle. As a former
Prosecutor, I have prosecuted cases in which the person blew into a
Breathalyzer and the results were under a .08. I know of people being
convicted after having a BAC under .08.

From the time of a DUI stop until a person’s release from jail, a party charged
with DUI is confronted by a series of decisions. Remember everything you do
and say can and will be used against you in court. The police officer may also
have a camera and microphone so everything that is done will be caught on
tape.

The initial reason for the stop is often a crucial part of each case. What
caused the police officer to pull you over initially? Was the car swerving? Was
your rear brake light out? Was there a roadblock or police check point? The
Police need a reasonable and articulable reason for stopping any car. If they
do not, there is always a chance that the arrest can be quashed.

The police officer will be sure to note how you react once he or she activates
their lights to pull you over. Any difficulty you have pulling over to the side of
the road can and will be used against you in court. The police are trying to
build a case against you. Every piece that they can use to build a DUI case
against you they will. They will note any difficulty that you have in removing
your insurance card or driver’s license as well as any odor or alcoholic
beverage that they sense on your breath. Of course, any mistake will help
them to the conclusion that you are driving under the influence.

Next, they will want to perform field sobriety tests in order to boost the case
they have against you. There are 3 standardized field sobriety test that most
police officers are trained on. They will normally want you to do all three.

After the DUI tests are complete, if the officer thinks they have enough
evidence, they will place you under arrest. Note that the officer will continue to
monitor your behavior even after the arrest for anything that might boost his
belief that you are under the influence. Remember-anything you say may be
used against you in court.

The Breathalyzer is another device the police use to build a case against you.
A document called Warning to Motorists should be read before the
Breathalyzer is used.

Now you have your DUI ticket(s) and perhaps other traffic tickets. You do not
know what to do. There are certain motions in most DUI cases that must be
filed by a deadline or they can never be filed. It is important to get a lawyer on
your side that is experienced in DUI law. DUI law is constantly changing and
updating and if you do not have a lawyer that is on top of the latest
developments, your chances of a positive outcome may be diminished.
Attorney Logan and Attorney Morgan are both former Assistant State's
Attorneys who have prosecuted AND defended DUI. They know the mindset of
the DUI Prosecutor. They can spot small details that a lawyer who is not familiar
with DUI law may miss. Call (815) 963-6330 for your free initial consultation
TODAY.

CALL (815) 963-6330 for a free initial consultation.

The information you obtain on this website is not, nor is it intended to be, legal
advice. You should consult an attorney for individual advice regarding your
own situation.

(c) 2008 Brian Morgan