Chicago DUI Lawyer

The police are known for aggressively pursuing drunk drivers throughout Chicago. This approach has resulted in arrests and even convictions of individuals who were not impaired by any substance. You have the right to a vigorous defense from a dedicated attorney, no matter what the facts of the case might be.

It is possible to beat these charges, but it can be challenging to do that without help. A Chicago DUI lawyer could review the facts of your case and answer any questions you might have about a potential defense strategy.

When Is Someone “Driving?”

It is easy to assume that all DUI charges involve an individual actively operating a car or truck on a public roadway. That might be true in most cases, but not all. This law applies to individuals not only when they are operating a vehicle, but also when they are in physical control of one.

Being in control of a car is subjective. The state does not need to prove that a car was running, much less in motion. Instead, physical control comes down to the ability to begin driving at a moment’s notice. A person in the front seat of a car with the key in the ignition is in control of the vehicle. That might not be the case if the driver is in the back seat of the car and the keys are on the roof. A DUI attorney in Chicago could challenge the state’s argument that this standard was met.

What Qualifies As Impairment?

When the state pursues DUI charges, they have different options for obtaining a conviction.

Blood Alcohol Content Over The Legal Limit

The most common approach used by prosecutors in these cases is to establish that a driver had a blood alcohol concentration (BAC) over the legal limit. For most motorists, this means a BAC of .08 or higher. Minors and commercial truck operators have even lower thresholds.

It is possible to determine a driver’s BAC by collecting a blood, breath, or urine sample. Having a result over the legal limit may be evidence of impairment, but it is not a guaranteed guilty verdict. Samples that are collected improperly or illegally can be thrown out, and there are arguments to make regarding tests taken hours after a police stop.

Under the Influence of Drugs or Alcohol

When there are no chemical tests to rely on, the state must use subjective evidence to show a person was under the influence of alcohol or narcotics. This can be done in a number of ways, including field sobriety tests, admissions of drinking, drivers being unsteady on their feet, or observations of an open container in the car.

High THC Concentration

Illinois is one of the few states that applies an objective approach to drug-related DUIs. While many jurisdictions rely on subjective evidence of impairment, certain test results are enough to lead to a conviction in Chicago. For example, a person with a tetrahydrocannabinol (THC) concentration of five nanograms or more in their bloodstream is considered impaired. That threshold is increased to ten nanograms in urine tests. Any amount of other controlled substances detected in a driver’s blood is also potential evidence of intoxication.

A Chicago DUI attorney could review the facts of the situation to help determine the best defense and options for moving forward in any scenario.

Contact a DUI Lawyer in Chicago Right Away

You have the right to fight back after an arrest for DUI. These cases are often defensible, and getting a favorable outcome in your case might be possible.

The right legal counsel could evaluate the charges against you, review the facts, and develop a defense strategy on your behalf. Call a Chicago DUI lawyer with Price Benowitz today for a private consultation.