After passing a Breathalyzer test, an Illinois motorist may feel relieved that they won’t be charged with a DUI. However, this will not always be the case. An officer may decide that an individual is acting too jovial or hostile, which can then be seen as a sign of impairment. Furthermore, if an individual admits to drinking prior to driving, they could still be charged with a DUI.
The results of a Breathalyzer test may not always be accurate. Since alcohol isn’t always absorbed into the bloodstream right away, a driver may feel sober enough to drive after consuming an alcoholic beverage. Alcohol may also be trapped in the mouth or esophagus, which could lead to an elevated blood alcohol content reading. If an individual consumes a mint or uses mouthwash after drinking, this could also lead to a falsely elevated reading.
In addition to a Breathalyzer test, an individual may be asked to submit to field sobriety tests. While an officer may use these tests to help build a case that a driver was impaired, the results of such tests can be challenged in court. This is because the officer’s limited medical knowledge may lead to an incorrect interpretation of an individual’s actions after a traffic stop.
Those who are facing an DUI charge may wish to talk with an attorney. It could be possible for legal counsel to create multiple defenses to the charge. For instance, one might argue that a driver couldn’t walk because of a medical condition or was driving erratically because the car suddenly had a malfunction. This may be enough to win an acquittal or provide enough leverage to negotiate a plea deal.