A Nationwide Network of DUI and DWI Defense Attorneys

It should come as no surprise that law enforcement personnel have a motivation, even an incentive, to arrest people for DUI or DWI. First, they will explain that it is their duty to uphold the law, which is true. What many of them will not admit is that sometimes their official reviews for promotion take into account how many DUI arrests they have and that some departments have even dealt with the issue of having a minimum quota of DUI arrests. In fact, arresting people for DUI is so popular among certain groups that there are national awards given to the cops with the highest number of DUI arrests. So, to say there is a little pride going into every traffic stop for DUI is an understatement. Therefore, when an officer takes the stand to tell the judge that a driver was too drunk to drive, is that an end all? Not necessarily.

In People v. Bavas, 191 Ill.Dec.286, 623 N.E.2d 876 (2 Dist. 1993), the defendant driver told the judge that he had only two beers during a four hour period. The defendant's statement was not controverted by anyone. Although the officer stated the defendant was under the influence of alcohol, the defendant disagreed and the judge believed the defendant. The judge found that the officer had no reasonable grounds to have the defendant arrested, thereby dismissing the case.

A similar result occurred in the People v. Kuntz, 180 Ill.Dec.419, 607 N.E.2d 313 (3 Dist. 1993), where that defendant driver explained that he had consumed a minimal amount of alcohol and that he was not under the influence of alcohol. Before dismissing the case for no reasonable grounds, the judge further found that the driver was able to perform field sobriety testing.

The moral of the story is that, if you are arrested for DUI or DWI, your own words are important, as well as your actions. A skilled local DUI attorney can present your case in a light most favorable to you and in complete contrast to the arresting officer's version.

If you or someone you know gets charged with a DUI or a DWI, a common legal inquiry that should be asked by a competent attorney is did the officer have "probable cause", or a good reason, to make the arrest?

It is important to retain an attorney who is highly experienced in Illinois DUI law. In addition, your attorney must be familiar with the county in which you are charged. Your Lee County DUI Attorney may be able to challenge various portions of summary suspension. In addition to challenging the suspension, your Lee County DUI Attorney may able to have the criminal case dismissed or reduced from a DUI.