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Breathalyzer tests don't say for sure if a driver is drunk

Those who are stopped while driving on Illinois or other state roads could be asked to take a Breathalyzer test. Regardless of the result of the test, a person could be taken into custody and charged with drunk or impaired driving. It is important to note that the result of the test is not the sole piece of evidence that gets a person charged or convicted.

Instead, it is used as one component to a case against a driver. This is because alcohol is not necessarily absorbed into the bloodstream right away, which could influence the result of the test. If a person has a breath mint or has vomited before the test, it may also skew the results. Under implied consent laws, a driver must submit to a urine, blood or Breathalyzer test. Failure to do so could result in additional penalties even if the driver is not found guilty of the DUI charge.

In addition to a chemical test, the testimony of a police officer and video evidence prior to a traffic stop could be used as evidence in a DUI case. Furthermore, a driver's demeanor will likely be used against him or her in court. Drivers have the right to not talk with the police until they have had a chance to see their attorneys.

The outcome of a drunk driving case could rest on how any number of pieces of evidence are interpreted. Therefore, it may be best to have a DUI defense attorney review the case. He or she may be able to have evidence suppressed or challenge its validity during a trial. If successful, an individual may have a DUI charge dropped or reduced. This could allow a person to avoid going to jail or losing their drivers license.

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Gene Ognibene Associates

Gene Ognibene Associates
103 Ogden Ave
Suite 202
Clarendon Hills, IL 60514

Phone: 630-984-5636
Fax: 630-504-6370
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