What if the Officer Didn’t Follow DUI Testing Procedures? Attorney Joshua Boardman from Combs Waterkotte discusses everything you need to know about Illinois DUI criminal charges, including first-time DUI, second DUI, Illinois DUI laws, DUI defense strategies, CDL DUI charges, and more.
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Interview Transcript
Scott Michael Dunn: What happens if the officer doesn’t follow the DUI testing procedures in Illinois?
Joshua Boardman: So, I’m going to assume by testing procedures you mean questions or actions that they take incident to an arrest or leading up to an arrest. From a search and seizure standpoint, but then also a policies and procedures standpoint. So, if they don’t follow the constitutional requirements that are placed on them by Illinois law and by federal law, that can be a grounds for dismissal. On motions to suppress and then also cases can be dismissed if there are technical violations as well. Did they not wait an adequate period of time before conducting a subsequent breathalyzer test? Was there not a warrant issued for a blood draw in a correct manner. Was there technical issues with the equipment that they were utilizing? All of those can ultimately lead to cases being dismissed by the state’s attorney.
