If you are stopped and arrested for an Illinois DUI, you may feel as though hiring a defense attorney is a waste of precious resources, and the prospect of clearing your name may seem like an impossible uphill battle.
Nothing could be further from the truth. A good Chicago DUI defense lawyer will often prove to be the difference maker between a defendant receiving the maximum DUI penalty or a lesser charge – even an acquittal. When you call the offices of O’Meara Law LLC, you will receive legal assistance from a qualified and experienced Illinois criminal defense lawyer who handles DUI cases and understands how and when to utilize a variety of DUI defenses.
There are a number of common DUI defenses that the attorneys at O’Meara Law LLC regularly employ. These defenses are utilized on a case-by-case basis, and it’s important that you retain a criminal defense lawyer with the requisite experience to understand when to assert a specific defense.
Fourth Amendment Challenges
While the Fourth Amendment was incorporated into the United States Constitution over 200 years ago, state and Federal government still grapples with the scope of the state power to conduct warrantless searches and seizures.
As a matter of fact, a challenge to Illinois’ own implied consent rule governing DUI stops has made it to the Supreme Court whereby the issue has been raised as to whether drivers may refuse breathalyzers – and if so, whether Illinois (and other states) can punish them for asserting such rights. The Court has not decided to even accept the case, but the ultimate fate of Gaede v. Illinois will have major ramifications for any DUI defense attorney practice moving forward.
The Chicago defense attorneys at O’Meara Law LLC stay up to date on the current trends in the law, including recent decisions coming out of the Supreme Court, Court of Appeals for the Seventh Circuit, and the various Federal district and state courts.
Failure to Mirandize
Just like in TV, you must always be provided with your Miranda warnings when you are arrested and taken into police custody. Police failures to do so is considered a violation of your Constitutional rights and will often result in the exclusion of evidence.
Motions to Suppress Evidence, Generally
A motion to suppress evidence is a common defense tactic used when claiming that the police officer lacked probable cause. Defendants frequently seek to use motions to suppress, and the appeal is quite understandable – who wouldn’t want to erase incriminating evidence, after all? But when it’s a defendant’s word against a police officer’s, the police officer’s will almost always prevail with the judge absent some form of extrinsic evidence or legal basis for the motion to suppress.
When effective, some of the more commonly used motions to suppress include motions to suppress field sobriety results, breathalyzer test results, officer observations and notes. Breathalyzer results, for example, can be tainted for a variety of reasons. A motion to suppress – when used right – is a valuable tool that can transform your case.
Witness Testimony or Extrinsic, Exculpatory EvidenceCall a Chicago DUI Attorney
When you’ve been charged with a DUI in Illinois, call Chicago DUI defense lawyer Mike O’Meara. Rather than formulate a defense all on your own, let the attorneys at O’Meara LLC work for you. A DUI charge is a stressful situation for you and your family, and it’s quite possible that you have a range of problems stemming from the arrest, including anxieties about job security and social embarrassment. Allow our criminal defense attorney to handle the legal work. Get started today by calling the Illinois criminal defense lawyers at O’Meara LLC for your free consultation at .