You can challenge a breathalyzer test in the following ways:
1) Was the software modified on the machine?
2) Did the machine take into account of mouth alcohol from gum chewing, belching, blood, etc.
3) Has the machine been properly calibrated?
4) Were than any mechanical defects with the breath test machine?
5) When was the breathalyzer administered?
6) How was the software on the machine set?
These are some of the ways tou can challenge a breath test. For further information, contact your Attorney Peter Buh or read his article Kane County DUI Attorney.
Sunday, October 31, 2010
Thursday, October 28, 2010
Elgin DUI Attorney
When a person is under the influence of alcohol that impairs his mental and
motor skills and is driving a motor vehicle is commonly called drunk driving. It is illegal to be “drunk driving” in all 50 states within the U.S. The statutory offense is typically called driving under the influence (DUI), driving while intoxicated (OWI), operating a vehicle under the influence (OVI).
The National Highway Traffic Safety Administration (NHTSA) stated that 17,941 individuals died in “alcohol related” collisions in 2006. There were nearly 45,000 traffic related deaths in 2006. NHTSA has a relatively broad definition of “alcohol related”. Alcohol related is defined as a driver, a passenger or an occupant of the vehicle had a blood alcohol level (BAC) of .01 or greater. Drivers with a BAC of .10 or greater are 6 more times more likely to be involved in a fatal accident than drivers without any alcohol in their system.
All 50 states have a per se blood or breath alcohol level as a criminal offense. If the BAC is .08 or greater, the driver is in violation of the per se statute. The amount of alcohol required to achieve a BAC level of .08 is determined by many factors. Body weight, age, sex recent food intake amongst many factors will affect a BAC level. It is important to retain an attorney who is highly experienced in DUI law. Your DUI attorney may be able to challenge various pieces of evidence associated with your DUI arrest. It is imperative that you retain an attorney who practices in the county where you are charged. If you were arrested in Kane County Illinois, it is important to hire an attorney who is familiar with the judges, prosecutors and procedures. Contact your Elgin DUI Attorney.
motor skills and is driving a motor vehicle is commonly called drunk driving. It is illegal to be “drunk driving” in all 50 states within the U.S. The statutory offense is typically called driving under the influence (DUI), driving while intoxicated (OWI), operating a vehicle under the influence (OVI).
The National Highway Traffic Safety Administration (NHTSA) stated that 17,941 individuals died in “alcohol related” collisions in 2006. There were nearly 45,000 traffic related deaths in 2006. NHTSA has a relatively broad definition of “alcohol related”. Alcohol related is defined as a driver, a passenger or an occupant of the vehicle had a blood alcohol level (BAC) of .01 or greater. Drivers with a BAC of .10 or greater are 6 more times more likely to be involved in a fatal accident than drivers without any alcohol in their system.
All 50 states have a per se blood or breath alcohol level as a criminal offense. If the BAC is .08 or greater, the driver is in violation of the per se statute. The amount of alcohol required to achieve a BAC level of .08 is determined by many factors. Body weight, age, sex recent food intake amongst many factors will affect a BAC level. It is important to retain an attorney who is highly experienced in DUI law. Your DUI attorney may be able to challenge various pieces of evidence associated with your DUI arrest. It is imperative that you retain an attorney who practices in the county where you are charged. If you were arrested in Kane County Illinois, it is important to hire an attorney who is familiar with the judges, prosecutors and procedures. Contact your Elgin DUI Attorney.
Peter Buh, Your DUI Attorney
Statutory summary suspensions were laws aimed at punishing drivers when they are charged with DUI. If a person refuses to submit chemical testing, ie breathalyzer test, blood test, or urine test, or submits to a test which indicates a blood alcohol level in excess of .08, the person’s license will be suspended on the 46th day from the date of the arrest. The length of suspension will be as follows:
1) 6 months for first offenders who submit to the testing;
2) 12 months for first offenders who refuse to submit to the testing;
3) 12 months for a BAC greater than.08 who is not a first offender;
4) 3 years for those who refuse chemical testing who are not first offenders.
A person is eligible for a driving permit if they are considered a first offender. The person must apply with the court and have a Breath Alcohol Interlock Ignition Device (BAIID) installed on their vehicles. The costs vary but can be as low as $1000 for a 6 month suspension to $2000 for a 12 month suspension.
A person has the right to contest the summary suspension, but it must be filed within 90 days of the service of the notice summary suspension. The burden of proof at the hearing is on the motorist. The motorist has the right to a timely hearing, either within 30 days or the first court date. There are numerous grounds to have a summary suspension rescinded.
1) Motorist was not properly placed under arrest for a DUI;
2) No probable cause to for the DUI arrest;
3) Motorist not properly warned;
4) Motorist did not refuse to submit to the test;
5) Motorist was not driving or in actual physical control of a motor vehicle.
It is important to retain an attorney who is highly experienced in DUI law. Your DUI attorney may be able to challenge various portions of summary suspension. In addition to challenging the suspension, your attorney may able to have the criminal case dismissed or reduced from a DUI. For further information, contact your Kane County DUI Attorney or DuPage County DUI Attorney.
1) 6 months for first offenders who submit to the testing;
2) 12 months for first offenders who refuse to submit to the testing;
3) 12 months for a BAC greater than.08 who is not a first offender;
4) 3 years for those who refuse chemical testing who are not first offenders.
A person is eligible for a driving permit if they are considered a first offender. The person must apply with the court and have a Breath Alcohol Interlock Ignition Device (BAIID) installed on their vehicles. The costs vary but can be as low as $1000 for a 6 month suspension to $2000 for a 12 month suspension.
A person has the right to contest the summary suspension, but it must be filed within 90 days of the service of the notice summary suspension. The burden of proof at the hearing is on the motorist. The motorist has the right to a timely hearing, either within 30 days or the first court date. There are numerous grounds to have a summary suspension rescinded.
1) Motorist was not properly placed under arrest for a DUI;
2) No probable cause to for the DUI arrest;
3) Motorist not properly warned;
4) Motorist did not refuse to submit to the test;
5) Motorist was not driving or in actual physical control of a motor vehicle.
It is important to retain an attorney who is highly experienced in DUI law. Your DUI attorney may be able to challenge various portions of summary suspension. In addition to challenging the suspension, your attorney may able to have the criminal case dismissed or reduced from a DUI. For further information, contact your Kane County DUI Attorney or DuPage County DUI Attorney.
In Warren County, Did you know Crossing a Lane Marker without Signaling is not always Illegal?
Oftentimes police pull people over for crossing over the fog line lane marker and subsequently gather enough information to charge that driver with DUI or DWI.
In Illinois this issue has been addressed and the Appellate Court there has held this to be an improper basis for a stop. In the case of People v. Leyendecker, 272 Ill.Dec. 543, 787 N.E.2d 358 (2 Dist. 2003), the Defendant driver crossed the fog line on the right edge of the roadway for just a brief period of time. A police officer pulled him over and gathered evidence to be used against him in court for the offense of Driving Under the Influence of Alcohol (DUI), also known as Driving While Intoxicated (DWI).
The driver’s attorney did not believe this was a good or proper stop under the constitution and brought a 4th Amendment challenge to the stop. Typically, a police officer needs probable cause to stop a driver before investigating for DUI or DWI. This usually comes from violations of a state’s vehicle code. Traffic violations such as Speeding, Failure to Signal or Reckless Driving usually amount to this qualified probable cause.
With the driver charged with DUI in the Leyendecker case, the appellate court approved of the ruling by the trial judge who stated that a brief crossing of the fog line was not enough to give an officer “reasonable suspicion” that the driver had violated the vehicle code. As a result, the charge of DUI had to be dismissed because the stop by the police officer was found to be improper.
If you are ever charged with a DUI or a DWI, the first point of inquiry for your attorney should be whether the officer had “probable cause” or a “reasonable suspicion” to pull you over in the first place. A serious charge like DUI or DWI must begin with a serious and valid basis for a stop, and, sometimes as we’ve seen in the Leyendecker case, officers don’t always have those reasons. Contact your Local Warren County DUI Attorney.
In Illinois this issue has been addressed and the Appellate Court there has held this to be an improper basis for a stop. In the case of People v. Leyendecker, 272 Ill.Dec. 543, 787 N.E.2d 358 (2 Dist. 2003), the Defendant driver crossed the fog line on the right edge of the roadway for just a brief period of time. A police officer pulled him over and gathered evidence to be used against him in court for the offense of Driving Under the Influence of Alcohol (DUI), also known as Driving While Intoxicated (DWI).
The driver’s attorney did not believe this was a good or proper stop under the constitution and brought a 4th Amendment challenge to the stop. Typically, a police officer needs probable cause to stop a driver before investigating for DUI or DWI. This usually comes from violations of a state’s vehicle code. Traffic violations such as Speeding, Failure to Signal or Reckless Driving usually amount to this qualified probable cause.
With the driver charged with DUI in the Leyendecker case, the appellate court approved of the ruling by the trial judge who stated that a brief crossing of the fog line was not enough to give an officer “reasonable suspicion” that the driver had violated the vehicle code. As a result, the charge of DUI had to be dismissed because the stop by the police officer was found to be improper.
If you are ever charged with a DUI or a DWI, the first point of inquiry for your attorney should be whether the officer had “probable cause” or a “reasonable suspicion” to pull you over in the first place. A serious charge like DUI or DWI must begin with a serious and valid basis for a stop, and, sometimes as we’ve seen in the Leyendecker case, officers don’t always have those reasons. Contact your Local Warren County DUI Attorney.
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