Strategies A DUI Lawyer in Chicago Can Use to Have Your Case Dismissed

by | Mar 23, 2015 | Lawyers and Law Firms

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Being arrested for drunk driving is a horrible end to a night out. You worry about spending time in jail, losing your license, and all of the fines that you will be required to pay. What’s worse, you would need to tell your friends and family what happened. If you are arrested for a DUI, you should contact a DUI lawyer in Chicago. There are certain DUI defense strategies that a lawyer can use to try to have your charges dropped.

Medical Issues
If you can prove that you have one of a few specific medical issues, your lawyer may be able to get you off. Certain conditions, such as Gastroesophageal Reflux Disease (GERD), acid reflux, and heartburn, can give a false positive on the breathalyzer. When you suffer from any of these conditions, alcohol can travel from the stomach, back to your throat and mouth. Therefore, when you blow into the breathalyzer, you will be blowing pure alcohol. When you have one of these conditions and have a DUI lawyer in Chicago, there is a chance that the charges will be dismissed.

Failure to Read Miranda Rights
When you are arrested, the police are required to read you your rights and obtain a valid waiver. If this did not happen during your arrest, your DUI lawyer in Chicago would be able to have anything that you said or did, excluded from evidence.

Weaving Within Your Lane
If you were pulled over for weaving within your lane, then the police had no grounds to pull you over. As long as you remain in your lane, there is no justification. Your DUI lawyer in Chicago can view the dashboard camera, and have the traffic offense dismissed. When that happens, the DUI charge will be dropped as well.

Alcohol on Your Breath
If the police state in court that they smelled alcohol on your breath, your lawyer can fight it. Alcohol has no smell at all. It is actually the mixing agent, which has an odor. If you were out all night drinking alcoholic beer, your breath would smell the same as it would had you been drinking alcoholic beer.

If you are arrested on a DUI charge, John Fitzgerald Lyke Jr. can use any of the above defenses, as long as they are relevant, to try to get the charges dropped.

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