Authorities in Illinois say that a 58-year-old Chicago resident was taken into custody on two charges of aggravated DUI. He was also charged with driving while his license was suspended. Police say that the man was observed driving on Route 53 in Crest Hill on June 27 while under the influence of alcohol.
There was no mention of why police believed that the man was under the influence when he was taken into custody. Authorities said that he had been taken into custody for DUI on four occasions prior to June 27. Two of the previous incidents took place in Will County while the others took place in Lake and Cook counties. The defendant is being held in Will County Jail, and he can secure his release by posting 10% of his $50,000 bail.
By law, individuals who are charged with driving under the influence of drugs or alcohol are considered innocent until proven guilty. An attorney may take steps in an effort to cast doubt on the evidence used in a given case. For instance, a medical condition may explain why a person had slurred speech while talking with a police officer. It may also explain why a person performed poorly on field sobriety tests.
A criminal defense attorney might be able to cast doubt on the results of any chemical tests that indicated a driver was impaired. Tests that were improperly conducted or handled could have caused a false positive. In some cases, a driver's blood alcohol content can increase between the time a beverage was consumed and the time that he or she began to drive. Pointing that out might create reasonable doubt in a juror's mind and result in an acquittal, or it may result in a prosecutor deciding to drop a case entirely.