In Illinois, the legal limit for blood alcohol content (BAC) is 0.08 percent. Police officers use many different means of determining a suspect’s level of intoxication. Field sobriety tests do not measure the exact level of intoxication, but they can be used to detect signs of intoxication like lack of coordination and balance. Chemical blood alcohol tests including breath tests and blood tests can be used to determine a person’s actual blood alcohol content after a drunk driving arrest. However, these tests are not always accurate or reliable. In some cases, evidence in a DUI case is inadmissible and must be thrown out.

Problems with DUI Evidence Can Make Them Unusable

Driving under the influence of alcohol is punishable by license revocation, steep fines, and even jail time in certain circumstances. However, the prosecution must have sufficient evidence to secure a conviction for DUI. Many different issues can make DUI evidence unreliable, including:

• Improper storage of blood tests – Blood testing is considered one of the most accurate ways to determine BAC. However, improper storage of a blood sample allows the sample to decompose, increasing the alcohol content in the sample.

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Even though we now have a looser cannabis possession law in our state, Illinois drug laws in general are still very wide-ranging and severe. Just possessing over 30 grams of marijuana can still expose an adult to up to a year in jail and a $2,500 fine for a first offense (or more, depending on the amount possessed). For other controlled substances, like heroin, cocaine, or PCP, you may be looking at a Class 1 felony carrying several to many years in prison, and many thousands of dollars in fines.

One Big Question: What is “Possession”?

“Possession” is a broad and nebulous concept. On one hand, you do not have to literally, physically have the drugs on your person. Just having them in a car with yourself and other people can expose all of you to a charge of possession, as long as you knew or should have known that the drugs were there, and you had control over them. On the other hand, there are many factors to examine, and further questions to answer, to determine your possible culpability. First, did you know that the substance was in your friend’s car? Did you own or co-own the car? Did you have control over that space? Even if so, were you the only one who did? Was anyone else’s property found near the drugs? (And we are just getting started on the “possession” question. The State has a big burden of proof.)

Did the Search and Discovery Process Violate Your Rights?

Both the U.S. Constitution and Illinois law guarantee your freedom from unreasonable searches and seizures. In your case, we would meticulously examine and analyze whether, for example, the vehicle was legally stopped by the police. Was there actually probable cause to search it? For over a decade, we have successfully defended many, many controlled-substance charges of all kinds by arguing against improper search warrants, or that a search itself was unlawful or illegal. Numerous times, after demanding hearings to examine whether our client’s vehicle was unlawfully stopped and detained, we have had the charges dismissed. Any time it is found that the stop or search which led to the discovery of a substance is invalid, then the State will be barred from using that substance as evidence. This usually results in the dismissal of the case, often without a jury trial.

It sometimes happens that innocent people are arrested on suspicion of committing a violent crime when in reality, they were merely defending themselves. This is disturbingly common in domestic violence cases, where the victim is mistaken for the primary aggressor and arrested. It can also happen after a fight in which one person initiated an attack and the victim capably defended himself. This has even been known to happen in murder cases. If you had to defend yourself against someone who became a physical threat to you and were arrested, it is important to contact an attorney as soon as possible. You may have a valid self-defense case that could get your case dismissed or get you acquitted at trial. 

When Can a Person Use Force in Self-Defense?

There are a few conditions that must be met before you are entitled to use force in self-defense. In Illinois, they are: 

• Danger - There was an imminent danger to you or another person. In some cases, a threat to your property will suffice. 

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Assaulting a family or household member, or a current or past romantic partner is obviously a crime. This type of assault is considered domestic violence, and it can lead to jail time - which you hopefully already knew. What you may not know is that sometimes, simply stopping a person from reporting or seeking help for domestic violence can also be a crime under the right circumstances. This law is somewhat unique to Illinois - not many states have a statute like this on the books. If you are facing charges for domestic violence or interfering with its reporting, you will need to speak to an attorney as soon as possible. The consequences of these crimes can be serious. 

When is it Illegal to Stop a Report of Domestic Violence?

The first, and perhaps most important, thing you should know about this crime is that it is only illegal to stop this type of report if you are the one who committed an act of domestic violence. If you are not the perpetrator of domestic violence, then you cannot be charged with this specific crime. However, you could face other charges for preventing a victim of domestic violence from seeking help depending on how you go about it. 

This law prevents the perpetrator of domestic violence from stopping or attempting to stop their victim from seeking almost any type of help. You could be charged with this crime for blocking your victim’s attempts to call 911, file a police report, seek medical care, or reach out to any agency that aids victims of domestic violence, such as a battered women’s shelter. 

When you have been convicted of or pled guilty to a crime, getting probation instead of jail time can feel like a dream come true. Reporting to a probation officer and following a set of rules is highly preferable to incarceration for most people. However, the rules of probation can be difficult to abide by. There are nearly endless ways for a probationer to end up violating these terms without necessarily meaning to. Those who are in addiction recovery are often at a higher risk for probation violations should they happen to relapse. 

Probation can be a very strict and unforgiving program, and the consequences of a violation can be serious. Jail time is often back on the table. If you learn that you are being accused of a probation violation, you have the right to be represented by your attorney at the hearing. It is important that you exercise this right to give you the best chance of avoiding further, deeper legal troubles. 

What Should I Expect at a Probation Violation Hearing?

When your probation officer thinks that you are in violation, they will file a Petition to Revoke Probation and you will receive a notice to attend a hearing–if you are not already in custody. First, you have to show up for the hearing. If you do not, the judge will issue a bench warrant and you will be arrested.