A Former Prosecutor Who Knows How to Dismantle DUI Cases
DUI cases in Joliet depend on technical evidence collected during a stressful, fast-moving encounter between law enforcement and the driver. Every step in that process — from the initial traffic stop through the breathalyzer reading — must follow specific legal and scientific procedures. When those procedures are not followed, the evidence becomes unreliable. When the evidence is unreliable, the case can be challenged.
Attorney Jack Zaremba is a former Will County prosecutor who built DUI cases before becoming a defense attorney. He knows the procedures officers are trained to follow, the protocols that govern chemical testing in Illinois, and the standards that field sobriety tests must meet. He now uses that knowledge to challenge DUI evidence throughout Joliet, Will County, and Grundy County — finding weaknesses in cases that other attorneys might miss.
Challenging the Traffic Stop
Every DUI case begins with a traffic stop, and that stop must be supported by reasonable articulable suspicion that a traffic violation or crime has occurred. If the officer pulled you over based on a hunch, an anonymous tip without corroboration, or for no identifiable reason, the stop itself was illegal. When the stop is illegal, all evidence obtained afterward — including field sobriety tests, breath tests, blood tests, and officer observations — can be suppressed through a Motion to Suppress Evidence.
We review dashcam and bodycam footage, the police report narrative, and dispatch records to determine exactly why the officer initiated the stop. If the stated reason does not hold up — for example, the video shows the vehicle maintaining its lane despite a report of swerving — we challenge the stop and seek to have the evidence excluded.
Challenging Field Sobriety Tests
Field sobriety tests (FSTs) are among the most subjective evidence used in DUI cases in Joliet. The three Standardized Field Sobriety Tests approved by the National Highway Traffic Safety Administration (NHTSA) are:
- Horizontal Gaze Nystagmus (HGN) — the officer moves a stimulus (pen or finger) across your field of vision and observes eye movement
- Walk-and-Turn — a divided-attention test requiring you to walk heel-to-toe along a line, turn, and walk back
- One-Leg Stand — standing on one foot while counting for 30 seconds
These tests must be administered exactly according to NHTSA protocols. The Illinois Supreme Court has held that field sobriety test results are admissible only when performed by a properly trained officer following established procedures. We challenge FSTs on multiple grounds:
- The officer was not NHTSA-certified or did not follow the standardized instructions
- The tests were conducted on uneven pavement, gravel, or a sloped surface
- Weather conditions — rain, snow, wind, cold — affected performance
- The driver’s footwear (heels, sandals, boots) made the tests unfair
- Medical conditions including inner ear disorders, leg injuries, back problems, or neurological conditions affected balance and coordination
- Age and weight can naturally affect performance on balance tests
- The officer’s subjective scoring was biased — dashcam footage often tells a different story than the police report
Challenging Breathalyzer Results
Breathalyzer results are the prosecution’s most relied-upon evidence in Joliet DUI cases, but they are far from infallible. Illinois requires that evidentiary breath tests comply with Title 20, Section 1286 of the Illinois Administrative Code, and any deviation from these requirements can render the results inadmissible.
We challenge breathalyzer evidence on these grounds:
- Calibration and maintenance failures — Breathalyzer machines must be calibrated and tested at regular intervals according to Illinois State Police standards. We subpoena maintenance and calibration logs to verify compliance.
- Operator certification — The evidentiary breath test must be administered by a law enforcement officer certified to operate the specific instrument. Without proper certification, the results are inadmissible.
- 20-minute observation period — The officer must continuously observe you for 20 minutes before administering the test to ensure you do not eat, drink, smoke, vomit, or put anything in your mouth that could affect the reading. If this observation period was not properly maintained, we challenge the results.
- Mouth alcohol contamination — Acid reflux (GERD), recent use of mouthwash, cough drops, asthma inhalers, or even certain dental work can create residual mouth alcohol that produces falsely elevated readings.
- Environmental contamination — Paint fumes, gasoline vapors, cleaning solvents, and other airborne chemicals can cause false positive results.
- Machine malfunctions — Electronic instruments fail. We review maintenance history, error logs, and any reported malfunctions around the time of your test.
The Rising BAC Defense
Alcohol takes time to absorb into the bloodstream — typically 30 to 90 minutes depending on food intake and other factors. The rising BAC defense argues that your blood alcohol concentration was below the legal limit while you were driving but continued to rise after the stop, reaching 0.08% or higher by the time the breath or blood test was administered at the station.
This defense is particularly effective when there was a significant delay between the traffic stop and the chemical test — which is common in Will County DUI cases due to processing time, transport to the station, and the mandatory 20-minute observation period. Expert testimony on alcohol absorption rates and pharmacokinetics can demonstrate that the BAC at the time of driving was below the legal limit.
Challenging Blood Test Results
Blood tests are generally considered more accurate than breath tests, but they are subject to strict procedural requirements in Illinois:
- Chain of custody — The blood sample must be properly collected, labeled, stored, and transported to the lab. Any break in the chain of custody creates grounds for challenge.
- Collection procedures — The blood draw must be performed by qualified medical personnel using proper antiseptic techniques. Alcohol-based swabs must not be used to clean the draw site.
- Fermentation — Improperly stored blood samples can undergo fermentation, producing alcohol in the sample after collection and resulting in a falsely elevated BAC.
- Lab analysis protocols — The lab must follow established testing procedures. We can request independent retesting of the sample if it was preserved.
Medical Conditions That Mimic Impairment
Several medical conditions can produce symptoms that officers interpret as signs of intoxication during a DUI stop in Joliet:
- Diabetes — Diabetic ketoacidosis can cause confusion, disorientation, and breath that smells like alcohol. Ketones can also produce falsely elevated breathalyzer readings.
- GERD / acid reflux — Stomach acid in the esophagus can introduce alcohol vapor into the mouth, contaminating breath test results.
- Neurological conditions — Multiple sclerosis, Parkinson’s disease, inner ear disorders, and other conditions affect balance and coordination, causing poor performance on field sobriety tests unrelated to alcohol consumption.
- Concussion or injury — If you were involved in an accident before the DUI investigation, a concussion or airbag deployment can cause confusion, slurred speech, and disorientation that mimic intoxication.
- Fatigue — Extreme fatigue produces bloodshot eyes, slow reaction times, and impaired coordination — all symptoms officers attribute to alcohol impairment.
Frequently Asked Questions About DUI Defenses in Joliet
Can a DUI charge be dismissed if the breathalyzer was not calibrated?
If the breathalyzer machine was not properly calibrated and maintained according to Illinois State Police standards, the results may be ruled inadmissible. Without admissible BAC evidence, the prosecution’s case becomes significantly weaker and dismissal or reduction of charges becomes more likely.
Does dashcam footage help in a DUI defense?
Dashcam and bodycam footage can be powerful defense evidence. Video often shows the driver walking normally, speaking clearly, and responding appropriately to questions — contradicting the officer’s written report that described slurred speech, staggering, and confusion. Inconsistencies between the video and the report undermine the officer’s credibility.
Can I refuse field sobriety tests in Illinois?
Yes. There is no legal penalty for refusing field sobriety tests in Illinois. These tests are voluntary, and refusing them deprives the prosecution of subjective evidence that can be used against you. However, refusing the evidentiary breathalyzer test at the station triggers an automatic 12-month license suspension under implied consent.
What is a Motion to Suppress in a DUI case?
A Motion to Suppress asks the court to exclude evidence that was obtained in violation of your constitutional rights — such as evidence from an illegal traffic stop, an unlawful arrest, or an improperly administered chemical test. If the motion is granted, the excluded evidence cannot be used at trial, often resulting in dismissal of the charges.
Related: Return to DUI/DWI Defense for an overview of all related practice areas and defense strategies.
Contact a Joliet DUI Defense Attorney
If you have been charged with DUI in Joliet, Will County, or Grundy County, the evidence against you may be weaker than you think. Contact the Law Offices of Jack L. Zaremba, P.C. at 815-740-4025 for a free consultation. Attorney Zaremba will review the specifics of your case and identify every available defense strategy. Available 24 hours a day.