How To Beat A DUI

        499 individuals were arrested for DUI in Carol Stream in 2009.  That number is staggering when you factor in there are only 63 sworn officers assigned to patrol Carol Stream.  Each officer averages over 7 DUI arrests.  That rate ranks 2nd in the State of Illinois, beating out cities such as Naperville, Chicago and Rockford.  Incredibly, DUI arrests in Carol Stream had decreased from 634 arrests in 2008.  Statewide, there were 48,000 people in Illinois were arrested in 2008 for the offense of DUI.   Carol Stream is a city located in DuPage County, Illinois.  Carol Stream has a population of 40,238 residents.  Carol Stream has 63 sworn officers for DUI arrest rate of 7.92 per officer.  Only River Grove ranks higher on the DUI arrest rate.

     When you are arrested for a DUI in Carol Stream, the Carol Stream Police Department may charge you with two violations of the DUI statute.  One of DUI charges is driving a motor vehicle while under the influence of alcohol.  The basis for this DUI charge is from the Carol Stream officer’s observations of driver’s physical and mental capabilities.  The officer tests these capabilities through field sobriety tests conducted at the scene.  In addition, the officer will be able to smell alcohol upon the driver’s breath.   The State will use testimonial evidence to attempt to obtain a conviction.  The testimony is given by the arresting officer and possibly civilian witnesses.  The burden of proof for the State is beyond a reasonable doubt to obtain a conviction.  If the State fails in their burden, the DUI charge will be dismissed.

     The officer will request that you submit to a breathalyzer test.  If you submit to this test and it registers a 0.08 or greater, you will be arrested for a DUI.    This second DUI charge will be a per se violation of the DUI statute.  This Illinois DUI Statute prohibits any driver of a motor vehicle to have a blood alcohol level (BAC) in excess of 0.08.   The only way the state is able to prove this count is through scientific evidence that the BAC was 0.08.   This evidence is gathered by the police officer through a breathalyzer machine or a blood draw.  However, there is a strict chain of custody requirement that the State must follow with the blood draw.  Consult with your DuPage County DUI attorney for further information. 

     When you are arrested for the DUI, you will be processed and given a court date several weeks later.  You will need to appear on that date with your attorney.  The DuPage County Courthouse is located in Wheaton.  You should consult with a DuPage County DUI attorney soon after your arrest. 

      If you refuse to submit to chemical testing, the police will charge you with one count of DUI, the non-per se count.  Your driver’s license will be suspended for a period of one year as a result of your refusal to submit to the chemical testing.  When you are considering what qualifications are important in your attorney, two significant attributes arise.  The first is your DUI Attorney must have significant DUI experience in DuPage County.   If the attorney does not have experience in DuPage County, it is highly recommended that you retain an attorney that does have the experience.  The benefit of hiring a DuPage County DUI Attorney is that he will know the judges and prosecutors in the DuPage County Courthouse.  The other attribute is your attorney must have significant experience in DUI law.  DUI law is highly technical.  Your DuPage County DUI Attorney will have the experience in DUI and the familiarity with the local procedures to defend you from the DUI charge.  If you were arrested for drug paraphernalia, contact your Local Misdemeanor Attorney.

Originally published here.

DUI DWI Drunk Driving Driving Under the Influence and how to beat the charges in California

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