subject: Arrested For A Dui In Kane County, Should You Fight The Charge? [print this page] After you are arrested for a DUI in Kane County Illinois, feelings of hopeless guilt may become overwhelming. You may feel that you should just plead guilty and get past this horrible incident. This is true if you consented to a breath test, especially if the BAC registered above a 0.08. However, it is important to consult with a Kane County DUI attorney to discuss the facts of your case before considering pleading guilty to the DUI Charge. There may be various legal challenges that an experienced Kane County DUI attorney can file.
One challenge that may be filed is a Fourth Amendment violation. According to the Fourth Amendment of the United States Constitution, arrests must be based on probable cause and protects us against unreasonable search and seizures by the police. If your arrest for a DUI was not based on probable cause, a competent Kane County DUI Attorney may be able to have your DUI charge dismissed based upon a violation of the Fourth Amendment.
Police Officers can make mistakes during DUI arrests in Kane County. The arresting police agency may question you regarding your alcohol consumption without reading you the Miranda warnings. If this occurs your Kane County DUI attorney may have these statements suppressed or possibly have the case dismissed. In some cases, your Kane County DUI attorney may challenge the history and credibility of the arresting officer as part of your defense.
In Illinois, the DUI statutes requires suspected drunk drivers to submit to a breath test or provide a blood sample to determine blood alcohol content (BAC) of the driver. If the driver refuses these tests, they can lose their driving privileges for a period of at least one year. Various local law enforcement agencies in Kane County now hold "no refusal" events, during which any DUI suspect who refuses to take a breath test is legally forced to give a blood sample. These officers will obtain a search warrant and force a blood draw against the driver.
Even if the BAC results of a breath or blood sample are over the legal limit, your DUI Attorney may challenge the breath or blood samples based upon the following:
The results of the test the testing procedure;
The collection, handling and storage of the sample;
The manner in which other tests were conducted;
The arresting officer's actions;
The cause for the traffic stop
Many DUI lawyers utilize expert witnesses at trial to testify for the defense in DUI cases and refute the BAC evidence. If you have been arrested for DUI, it is crucial to discuss your case with a DUI attorney. While you may believe the prosecution has a strong case against you, your Kane County DUI Attorney and may feel otherwise.
