DUI Breath Test Attorney

Dealing With Toxicology Evidence in Illinois Drunk Driving Cases

In a DUI prosecution, the most damaging evidence against you will usually be the results of the breath or blood test that measured your blood alcohol concentration (BAC). Evidence of a BAC of .08 percent or higher is often sufficient to convict you of DUI, and a BAC result of .16 percent or more is enough to expose you to more severe punishment at sentencing. However, the Law Office of Robert Kerr is prepared to fight even those cases that might appear to be the most difficult.

While drivers in Illinois are, by statute, presumed to consent to the administration of BAC testing, all drivers in Illinois still retain the right to refuse testing. Motorists in Illinois should be aware that both a failure of a BAC test (.08 or higher), as well as a refusal of a BAC test, will result in a statutory summary suspension, separate and apart from the outcome of the criminal case. This suspension begins on the 46th day after a DUI arrest, and it may last for 6 months, 12 months, or more.

We are experienced in reversing, or rescinding, these suspensions by way of petitions and hearings on the suspension; we may also assist you in mitigating, or lessening, the restrictions of the suspension by way of driving permits.

Call 312-955-4400 for Advice About Blood or Breath Evidence

The defense attorneys of the Law Office of Robert Kerr, LLC, advise clients about the function of breath or blood tests in DUI prosecution and the best ways to challenge damaging toxicology evidence in a pretrial hearing, at the administrative hearing on your license suspension, or at the trial on the drunk driving charges against you. Contact us in Chicago for a free consultation about your blood or breath test results.

Our lawyers can review the circumstances of your test to see whether the results should be accepted as credible evidence of intoxication at a certain level. Was the operator of the breath test apparatus properly trained and certified? Was the machine itself properly maintained and calibrated? Did a mouthwash, prescription or acid reflux cause a false positive?

In some cases, the timing of the blood or breath test can be significant in determining its reliability. Blood alcohol concentrations change over time within the body, and things like eating or drinking water between the time of the arrest and the test can affect the BAC results.

At the Law Office of Robert Kerr, LLC, we use our experience with the technical aspects of DUI defense to find the weaknesses in the prosecution’s evidence wherever they appear, including grounds for attacking the reliability of BAC data. To discuss your case with a knowledgeable Chicago DUI breath test lawyer, contact us in the Loop for a free consultation.

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