What are my chances of winning DUI case if I hire a lawyer?

Asked over 1 year ago - Mount Prospect, IL

I got arrested for a DUI & Following to closely.

I was diving a motorcycle and following my acquaintances because I did not know my way around that city.

The officer went on to administer FST's which he stated that I failed.
When he gave me the PBT it made me cough because I vomited not 15 minutes before they arrested me. (I did not mention I vomited but I have witness that can attest to this)
On the sword statement, he said I refused to provide sample; however, on the sworn statement he put that my PBT read 0.163.

Whilst in jail, I vomited again so they did not give me breathalyzer. And had to pee really bad so the officer ended up not taking a urine sample. (He said wait till you provide sample to pee.)

While I was in my holding cell - I asked for a blood test. Which they didnottake

Additional information

No previous convictions.

Attorney answers (10)

  1. Jeffrey Allen Fagan

    Contributor Level 13

    13

    Lawyers agree

    Answered . There is no right answer to this question, unfortunately.
    I recommend making a few appointments with attorneys that handle DUI cases and having a consultation.
    No lawyer is going to be able to properly determine your chances of winning until they see all the evidence against you and have time to evaluate your case.
    What I can tell you is that without an attorney, chances of your beating your DUI are significantly reduced.
    Most of us that handle DUI offer free consultations with no obligation. Feel free to contact my office to set an appointment. Id be happy to discuss your case with you.
    No matter who you choose to hire, they shouldn't make any guarantees or make it sound like your case is easy - until we see reports and a video (if there is one), it would be guessing. It sounds like there may be some issues that are in your favor, but the details of your case are best discussed in a confidential setting, one on one with an attorney.
    Best of luck.

  2. Christopher Irvin Simser

    Contributor Level 19

    9

    Lawyers agree

    Answered . Your chances are significantly better than if you do NOT hire an attorney.

    Your question raises many issues. These are best discussed in person with a qualified DUI defense attorney admitted in IL. Many post here on Avvo. Others can be located using the "Find a Lawyer" feature of this website.

  3. Jeffrey Allen Fagan

    Contributor Level 13

    7

    Lawyers agree

    Answered . There is no right answer to this question, unfortunately.
    I recommend making a few appointments with attorneys that handle DUI cases and having a consultation.
    No lawyer is going to be able to properly determine your chances of winning until they see all the evidence against you and have time to evaluate your case.
    What I can tell you is that without an attorney, chances of your beating your DUI are significantly reduced.
    Most of us that handle DUI offer free consultations with no obligation. Feel free to contact my office to set an appointment. Id be happy to discuss your case with you.
    No matter who you choose to hire, they shouldn't make any guarantees or make it sound like your case is easy - until we see reports and a video (if there is one), it would be guessing. It sounds like there may be some issues that are in your favor, but the details of your case are best discussed in a confidential setting, one on one with an attorney.
    Best of luck.

  4. Gerald R Stahl

    Pro

    Contributor Level 16

    7

    Lawyers agree

    Answered . No lawyer will tell you your chances of prevailing with this little information. Case evaluation , includes, police reports, witnesses evaluation, dash cam review and several other factors. One thing is for sure, you have a much better chance with a lawyer. Good Luck!

  5. Daniel G. Galivan

    Contributor Level 17

    6

    Lawyers agree

    Answered . Not only can your DUI be potentially defended but you have a valid basis to challenge the Statutory Summary Suspension as well if you did not refuse. The reason the Sworn Report reads as it does is because the PBT does not count as submitting a breath sample for SSS purposes. Thus, you are looking at a one-year suspension in addition to having to fight the criminal DUI charge. Consult at least two experienced criminal defense/DUI lawyers before hiring anyone. Most of us provide free consultations. www.galivanlaw.net

  6. Louis Joseph Meyer

    Pro

    Contributor Level 14

    6

    Lawyers agree

    Answered . It will come down to if there is a dash cam on the police cruiser and the credibility of your witnesses. Paying for a lawyer will get you one that can spend the time to go through all the evidence and put in your best defense.

  7. Ethan Patrick Meaney

    Pro

    Contributor Level 20

    7

    Lawyers agree

    Answered . A lot better than trying on your own.

    This is not intended as legal advice. No attorney / client relationship exists because of this response.
  8. Derek Anthony Patrin

    Pro

    Contributor Level 19

    6

    Lawyers agree

    Answered . Winning a DWI case outright is always difficult, even with great issues to contest, due to the nuances of the DWI laws that slant heavily in favor of the cops and prosecutors. However, there may be technicalities or constitutional arguments that could be made in your defense that would get evidence suppressed and weaken the State's case against you. Even if your case isn't beaten, an attorney will be able to help minimize the penalties you're facing and will give you the peace of mind that you tried everything you could to keep this off your record. Once a DWI goes on your record, it's there to stay forever. I highly recommend that you contact some experienced DWI lawyers in your area using this website. All of them have phone numbers listed on their profiles. Call a few and retain the one that's the best for you. Good luck.

  9. Raymond M. Flavin III

    Contributor Level 13

    4

    Lawyers agree

    Answered . Zero. You can't win without a lawyer, so there is no "chances" calculation. If you do hire a lawyer you probably won't take the case to trial anyway. Trials are expensive. If you do go to trial the State has the burden of proving you guilty of DUI, the fact you were vomiting is something they will make a point of to show you were intoxicated. They will also use the fact that you refused to take the tests against you. They can't use the PBT at trial, however if there is any video of you they can use that. What are your chances? Pick a good jury or the right judge you should be fine, pick the wrong one and you can't win.

  10. Kevin S. Vander Werff

    Pro

    Contributor Level 11

    2

    Lawyers agree

    Answered . I see the courts and the prosecutors take advantage of people EVERY day, who do not have a lawyer, and want to represent themselves. Were this not the case, I would find something new to do with my life.

    You want to have an aggressive DUI lawyer from your state to fight for your rights, DO NOT go it alone.

    Good luck.

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