When you are stopped for an Illinois DUI investigation you may be asked to blow into a handheld breath test machine while you are still at the location you were stopped. This handheld device is called a portable breath test, or preliminary breath test, aka PBT. You are not required to submit to the PBT, and the officer is supposed to tell you that the PBT is optional. Any number the PBT will generally not be admissible in court, but the results of the Evidential Breath Testing Device will be used against you.
Once you have been arrested for an IL DUI, however, the officer will take you to the police station, or other location and read you the Illinois Implied Consent law. After reading the statutory warning he will ask you to submit a breath sample by blowing into a tube extending from a large box like machine. This is the Illinois DUI evidential breath test machine. The results of this breath test will be used against you in court as evidence of intoxication.
The evidentiary breath test can be challenged in a number of ways, but all defenses require careful evaluation of everything that led to your Illinois DUI arrest and what led up to your providing a DUI breath sample. If the officer did not have probable cause to arrest you, then any evidence against you gained after the unlawful arrest should be excluded by the judge. Probable cause evaluations are an important step in evaluating the legality of your IL DUI arrest.
There are scientific and legal defenses to the evidential breath testing device that may come into play in your case. Which defenses are best for your particular case depends on the facts of your case. All defenses begin with a careful evaluation of the facts and circumstances of your car stop, arrest and breath test. Once we have had adequate time to evaluate each of these steps we can give you a better idea of the defenses we think will work best in your IL DUI defense.
If you took the Illinois evidential breath test and the officer told you that you tested over the legal limit, do not accept that this automatically means you will be found guilty of an IL DUI. After careful review of each stage of your encounter with the police and a review of the records of the machine you blew through, we will be able to better tell you what your best defenses to an IL DUI are. Call us right now!