DUI Lawyer
DUI Lawyer
DUI Defense Attorney In Grayslake, IL
DUI Attorney serving Grayslake and all of Lake County, IL and surrounding counties
As one of the most sought after, and highly decorated DUI attorneys in Illinois, I personally believe “I WIN DUI”. It’s on my business cards and billboards because I STAND behind my commitment to fight your DUI to WIN.
So, how do I do it? The answer is very simple. I work HARDER then everyone else. For nearly four decades I have studied, litigated, argued, and fought for each and every client of mine. I leave no stone unturned, no angle untested. The best offense is a phenomenal defense. That is what I bring to the court room. If you or a loved one has been charged with a DUI, Drug Charge, or any Criminal Charge please call my law firm today and request a confidential, no risk free consultation.
Operating a motor vehicle while under the influence of alcohol or drugs is a serious offense in Illinois. Because these actions can result in the injury or death of others, the penalties for DUI are also very severe. However, every citizen of Illinois has the right to a fair trial and is presumed innocent until proven guilty. If you are facing DUI charges, contact an experienced Grayslake DUI defense lawyer as soon as possible to ensure that your natural rights are protected. They can build a solid defense that will reverse or reduce your charges to better match the evidence against you.
At Jerald Novak & Associates, we are experienced in defending our clients against all types of DUI charges in Grayslake, IL. Whether this is your first offense, or you have been charged with a felony DUI for multiple offenses, we will work tirelessly to get you the best possible outcome. We understand the science behind field sobriety tests and DUI breathalyzers, and we know how to challenge the prosecution’s case against you. We will also ensure that you understand all your legal options, so you can make the best decisions for your future. Connect with us today for more information on how we can help you fight your DUI charges.
What Constitutes a DUI Offense in Lake County, IL?
To be convicted of DUI in Illinois, the prosecution must prove that you were driving a motorized vehicle while feeling the effects of alcohol or drugs. This can be proven in many ways, but the most common is through a chemical test. Chemical tests can include breathalyzers, urine tests, and blood tests. If your blood alcohol content (BAC) exceeds the legal limit of .08%, you can be charged with DUI. Even if your BAC was less than .08%, you can still be charged if the prosecution can show that drugs impaired your driving ability. This would be proven through field sobriety tests, which are subjective and can often be challenged in court. The prosecution can also try to prove DUI through eyewitness testimony or dashcam footage. The further the prosecution moves away from the initial chemical test results, the better chance a defendant has to be found not guilty.
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What Common Defenses Can Be Used Against DUI Charges?
Many defenses can be used against DUI charges. The most common is to attack the results of a chemical test. Chemical tests are not always accurate, and there are many ways that they can be challenged in court. For example, if the machine used to administer the test was not properly calibrated, the results may be inaccurate. If the test was not administered correctly, or if the officer who administered the test did not follow protocol, the results may also be inaccurate. In addition, if you have a medical condition that could impact the results of a chemical test, this can be used as a defense.
Other defenses against DUI charges include:
Lack of probable cause to justify pulling you over: If the officer did not have a valid reason to pull you over, any evidence that was obtained as a result of the stop may be thrown out. Ensure that you understand why you were pulled over and whether you feel comfortable challenging the stop. For example, if you were pulled over for a minor traffic violation but later discover that the original stop was illegal or a subjective observation, any evidence obtained after the stop may be inadmissible.
Mistaken identity: If the prosecution cannot prove that you were the one driving the vehicle, you cannot be convicted of DUI. This defense is often used when there are multiple people in the car or if the arresting officer did not get a good look at the driver. It should be clear who was driving the car and what their level of sobriety was. Anything less than this direct evidence should not be enough to convict you of DUI.
Challenging the administration of field sobriety tests: Field sobriety tests, such as the walk-and-turn test and the one-leg stand test, are often used by police officers to determine whether a driver is impaired. However, these are incredibly subjective tests, and there are many reasons why a sober person might fail them. If we can show the officer did not administer the test properly in addition to issues with your chemical test, it may be possible to get the charges against you lowered.
Challenging the validity of chemical tests: Chemical tests, such as breathalyzers and blood tests, are not always accurate. Sometimes they produce false positives due to user error, machine malfunction, or other factors. If we can show that the test results in your case are unreliable, we might be able to have charges against you dropped.
The presence of a medical condition: Many medical conditions can lead to a false positive on a chemical test. If you have diabetes, for example, your blood sugar levels could drop suddenly and lead to a false positive. If your attorney can show that you have a medical condition that could have led to a false positive, it could help to prove your innocence.
Was not given the opportunity to contact an attorney: You have the right to remain silent and to have an attorney with you when you are questioned. If you were not given the opportunity to contact an attorney, any evidence that was obtained as a result of questioning may be inadmissible.
You were not informed of your Miranda rights: When you are arrested, the police are required to read you your Miranda rights. These are the rights to remain silent and to have an attorney present during questioning. If the police did not inform you of these rights, anything you said during questioning cannot be used as evidence against you.
What Evidence Can Help My DUI Case in Lake County & Surrounding Counties?
If you have been charged with DUI, it is important to start gathering evidence as soon as possible that establishes your innocence.
This may include:
The arresting officer’s report: The arresting officer will write a report detailing the events that led to your arrest. This report will include the officer’s observations, field sobriety or chemical test results, and other important information. We will carefully review this report to look for any inaccuracies or inconsistencies that could be used to your advantage. Sometimes it is clear that an officer made a mistake.
Dashcam or bodycam footage: If it is clear in the replay of any footage that you were not under the influence of drugs or alcohol, this can be used as evidence in your favor. This footage can also demonstrate any errors made by the arresting officer during the traffic stop that may have impacted the results of any chemical tests.
Cell phone records: Cell phone records can be used to establish an alibi. For example, if you have time-stamped text messages or call logs that show you were not near the DUI’s location, we can use those records to show that you could not have been the one driving.
Witness statements: If there are any witnesses who can attest to any illegal or improper actions taken by the arresting officer, then they can corroborate your version of events. For example, if you had a passenger in the backseat who witnessed the officer making an illegal stop or who witnessed you passing sobriety tests without incident, their testimony can be used to strengthen your case.
Additional tests: If you agree to additional testing, such as a blood test or a breathalyzer test, and the results come back negative, then they can help scientifically prove your innocence. This additional testing can help to corroborate any claims that you were not under the influence of drugs or alcohol.
Your criminal history: In some cases, your prior criminal history can be used to show that you are not the type of person who would commit a DUI. If you have no prior convictions, or if your prior convictions are not related to alcohol or drugs, it can help to reduce the severity of the charges against you.
The conditions at the time of the arrest: The conditions at the time of the arrest can also be used to help validate your defense. If it was raining or snowing, for example, that could explain why you were swerving. If the roads were slick, that could explain why you were going slower than the posted speed limit.
The stop was an illegal search and seizure: The Fourth Amendment of the U.S. Constitution protects all citizens from any illegal search and seizure by the police. This means that you cannot be stopped or searched without a valid reason. If the police violated this constitutional right, any evidence obtained from the stop may be suppressed and the DUI charges against you may be reduced or dismissed.
Contact Our Grayslake DUI Lawyers Today
If you have been charged with DUI, getting an experienced attorney on your side is important and should happen as soon as possible. The severity of these offenses, coupled with the potential penalties, can be overwhelming, and you need someone in your corner who has intimate knowledge of the law. An attorney can help investigate the incident, challenge any evidence being used against you, and negotiate on your behalf with the prosecutor. Contact the DUI criminal defense attorneys at Jerald Novak & Associates today to begin a consultation and review of your case.
Jerald Novak Law Firm, provides a Free initial consultation at our DUI & Criminal Defense firm. Call (847) 223-2285 to learn how our DUI & Criminal Defense attorney Jerald Novak, can help you! Call now!
DUI Defense Attorney In Grayslake, IL
DUI Attorney serving Grayslake and all of Lake County, IL and surrounding counties
As one of the most sought after, and highly decorated DUI attorneys in Illinois, I personally believe “I WIN DUI”. It’s on my business cards and billboards because I STAND behind my commitment to fight your DUI to WIN.
So, how do I do it? The answer is very simple. I work HARDER then everyone else. For nearly four decades I have studied, litigated, argued, and fought for each and every client of mine. I leave no stone unturned, no angle untested. The best offense is a phenomenal defense. That is what I bring to the court room. If you or a loved one has been charged with a DUI, Drug Charge, or any Criminal Charge please call my law firm today and request a confidential, no risk free consultation.
Operating a motor vehicle while under the influence of alcohol or drugs is a serious offense in Illinois. Because these actions can result in the injury or death of others, the penalties for DUI are also very severe. However, every citizen of Illinois has the right to a fair trial and is presumed innocent until proven guilty. If you are facing DUI charges, contact an experienced Grayslake DUI defense lawyer as soon as possible to ensure that your natural rights are protected. They can build a solid defense that will reverse or reduce your charges to better match the evidence against you.
At Jerald Novak & Associates, we are experienced in defending our clients against all types of DUI charges in Grayslake, IL. Whether this is your first offense, or you have been charged with a felony DUI for multiple offenses, we will work tirelessly to get you the best possible outcome. We understand the science behind field sobriety tests and DUI breathalyzers, and we know how to challenge the prosecution’s case against you. We will also ensure that you understand all your legal options, so you can make the best decisions for your future. Connect with us today for more information on how we can help you fight your DUI charges.
What Constitutes a DUI Offense in Lake County, IL?
To be convicted of DUI in Illinois, the prosecution must prove that you were driving a motorized vehicle while feeling the effects of alcohol or drugs. This can be proven in many ways, but the most common is through a chemical test. Chemical tests can include breathalyzers, urine tests, and blood tests. If your blood alcohol content (BAC) exceeds the legal limit of .08%, you can be charged with DUI. Even if your BAC was less than .08%, you can still be charged if the prosecution can show that drugs impaired your driving ability. This would be proven through field sobriety tests, which are subjective and can often be challenged in court. The prosecution can also try to prove DUI through eyewitness testimony or dashcam footage. The further the prosecution moves away from the initial chemical test results, the better chance a defendant has to be found not guilty.
What Common Defenses Can Be Used Against DUI Charges?
Many defenses can be used against DUI charges. The most common is to attack the results of a chemical test. Chemical tests are not always accurate, and there are many ways that they can be challenged in court. For example, if the machine used to administer the test was not properly calibrated, the results may be inaccurate. If the test was not administered correctly, or if the officer who administered the test did not follow protocol, the results may also be inaccurate. In addition, if you have a medical condition that could impact the results of a chemical test, this can be used as a defense.
I confirm that I want to receive information from this company using any contact information I provide.
Other defenses against DUI charges include:
Lack of probable cause to justify pulling you over: If the officer did not have a valid reason to pull you over, any evidence that was obtained as a result of the stop may be thrown out. Ensure that you understand why you were pulled over and whether you feel comfortable challenging the stop. For example, if you were pulled over for a minor traffic violation but later discover that the original stop was illegal or a subjective observation, any evidence obtained after the stop may be inadmissible.
Mistaken identity: If the prosecution cannot prove that you were the one driving the vehicle, you cannot be convicted of DUI. This defense is often used when there are multiple people in the car or if the arresting officer did not get a good look at the driver. It should be clear who was driving the car and what their level of sobriety was. Anything less than this direct evidence should not be enough to convict you of DUI.
Challenging the administration of field sobriety tests: Field sobriety tests, such as the walk-and-turn test and the one-leg stand test, are often used by police officers to determine whether a driver is impaired. However, these are incredibly subjective tests, and there are many reasons why a sober person might fail them. If we can show the officer did not administer the test properly in addition to issues with your chemical test, it may be possible to get the charges against you lowered.
Challenging the validity of chemical tests: Chemical tests, such as breathalyzers and blood tests, are not always accurate. Sometimes they produce false positives due to user error, machine malfunction, or other factors. If we can show that the test results in your case are unreliable, we might be able to have charges against you dropped.
The presence of a medical condition: Many medical conditions can lead to a false positive on a chemical test. If you have diabetes, for example, your blood sugar levels could drop suddenly and lead to a false positive. If your attorney can show that you have a medical condition that could have led to a false positive, it could help to prove your innocence.
Was not given the opportunity to contact an attorney: You have the right to remain silent and to have an attorney with you when you are questioned. If you were not given the opportunity to contact an attorney, any evidence that was obtained as a result of questioning may be inadmissible.
You were not informed of your Miranda rights: When you are arrested, the police are required to read you your Miranda rights. These are the rights to remain silent and to have an attorney present during questioning. If the police did not inform you of these rights, anything you said during questioning cannot be used as evidence against you.
What Evidence Can Help My DUI Case in Lake County & Surrounding Counties?
If you have been charged with DUI, it is important to start gathering evidence as soon as possible that establishes your innocence.
This may include:
The arresting officer’s report: The arresting officer will write a report detailing the events that led to your arrest. This report will include the officer’s observations, field sobriety or chemical test results, and other important information. We will carefully review this report to look for any inaccuracies or inconsistencies that could be used to your advantage. Sometimes it is clear that an officer made a mistake.
Dashcam or bodycam footage: If it is clear in the replay of any footage that you were not under the influence of drugs or alcohol, this can be used as evidence in your favor. This footage can also demonstrate any errors made by the arresting officer during the traffic stop that may have impacted the results of any chemical tests.
Cell phone records: Cell phone records can be used to establish an alibi. For example, if you have time-stamped text messages or call logs that show you were not near the DUI’s location, we can use those records to show that you could not have been the one driving.
Witness statements: If there are any witnesses who can attest to any illegal or improper actions taken by the arresting officer, then they can corroborate your version of events. For example, if you had a passenger in the backseat who witnessed the officer making an illegal stop or who witnessed you passing sobriety tests without incident, their testimony can be used to strengthen your case.
Additional tests: If you agree to additional testing, such as a blood test or a breathalyzer test, and the results come back negative, then they can help scientifically prove your innocence. This additional testing can help to corroborate any claims that you were not under the influence of drugs or alcohol.
Your criminal history: In some cases, your prior criminal history can be used to show that you are not the type of person who would commit a DUI. If you have no prior convictions, or if your prior convictions are not related to alcohol or drugs, it can help to reduce the severity of the charges against you.
The conditions at the time of the arrest: The conditions at the time of the arrest can also be used to help validate your defense. If it was raining or snowing, for example, that could explain why you were swerving. If the roads were slick, that could explain why you were going slower than the posted speed limit.
The stop was an illegal search and seizure: The Fourth Amendment of the U.S. Constitution protects all citizens from any illegal search and seizure by the police. This means that you cannot be stopped or searched without a valid reason. If the police violated this constitutional right, any evidence obtained from the stop may be suppressed and the DUI charges against you may be reduced or dismissed.
Contact Our Grayslake DUI Lawyers Today
If you have been charged with DUI, getting an experienced attorney on your side is important and should happen as soon as possible. The severity of these offenses, coupled with the potential penalties, can be overwhelming, and you need someone in your corner who has intimate knowledge of the law. An attorney can help investigate the incident, challenge any evidence being used against you, and negotiate on your behalf with the prosecutor. Contact the DUI criminal defense attorneys at Jerald Novak & Associates today to begin a consultation and review of your case.
Jerald Novak Law Firm, provides a Free initial consultation at our DUI & Criminal Defense firm. Call (847) 223-2285 to learn how our DUI & Criminal Defense attorney Jerald Novak, can help you! Call now!
352 Center Street
Grayslake, IL 60030
352 Center Street
Grayslake, IL 60030