Chicago Criminal Lawyer Blog
Red Eyes, Slurred Speech, and the Smell of Alcohol: Why You Shouldn’t Accept DUI Allegations at Face Value in Illinois
In Chicago and across Illinois, DUI charges often rely heavily on the arresting officer’s description of your behavior. Police reports may include allegations like “red eyes,” “unsteady gait,” or “slurred speech.” But those claims don’t automatically prove guilt. These observations are subjective, and they can be influenced by stress, allergies, medical conditions, or even poor lighting. If you’ve been charged with DUI in Illinois, and the case against you depends largely on what the officer saw, smelled, or heard, you have the right to fight back. And that starts with having the right defense attorney.
At The Law Offices of David L. Freidberg, we defend clients facing DUI charges throughout Chicago and the surrounding counties. We know how to cross-examine officers and undermine unreliable observations that may otherwise persuade a jury. We look beyond the arrest report and force the prosecution to provide actual, admissible proof.
Understanding How DUI Charges Work in Illinois
Illinois law, under 625 ILCS 5/11-501, prohibits driving while impaired by alcohol, drugs, or any intoxicating compound. A first DUI offense is a Class A misdemeanor, carrying up to one year in jail, fines of up to $2,500, and a driver’s license suspension. A third offense or certain aggravating factors—like an accident with injuries or a minor in the car—can raise the charge to a felony.
In many cases, the prosecution doesn’t have a breath or blood test to prove impairment. Sometimes the test was refused. Sometimes the results are excluded. That’s when officer observations become the centerpiece of the state’s case. But the law requires more than mere suspicion. The state must prove beyond a reasonable doubt that your ability to drive was impaired. When the only basis is a police officer’s opinion, there is room for reasonable doubt.
The Problem with Subjective DUI Indicators
Subjective indicators are inherently flawed. Take bloodshot eyes—a common symptom of being tired, overworked, allergic, or exposed to wind. Slurred speech can come from anxiety, prescription medication, or neurological conditions. And the odor of alcohol? It only means a person has consumed alcohol—not that they are intoxicated, how much they drank, or how recently.
Officers are trained to treat these signs as red flags, but that doesn’t make them conclusive. We regularly challenge such observations in court by presenting alternate explanations backed by credible evidence. We may introduce medical records, employment logs, weather reports, or video surveillance to counter a police officer’s claim.
Criminal Case Process in DUI Matters
Once arrested for DUI in Chicago, your case proceeds through several stages: arrest, booking, arraignment, discovery, pre-trial motions, and trial. At each phase, a criminal defense attorney can challenge the state’s evidence. For example, we may file motions to suppress the traffic stop if it lacked probable cause. Or we may file motions to exclude the field sobriety test results due to improper administration.
Officers must follow strict protocols during DUI investigations. Field sobriety tests should be given on level, well-lit surfaces and instructions must be clearly communicated. Any deviation from that can be grounds to question the reliability of the observations.
Evidence Used by Law Enforcement in DUI Cases
The state often presents several types of evidence in DUI cases:
- Officer observations (speech, eyes, odor, balance)
- Field sobriety test results
- Chemical test results (breath, blood, urine)
- Dashcam or bodycam footage
- Witness statements
- Admissions made by the driver
When subjective observations are all the prosecution has, our defense strategy focuses on undercutting those perceptions. For example, if the officer wrote that you were unsteady, but the video shows you walking confidently, we use that to discredit the entire narrative.
What Makes a DUI Defense Attorney Effective in Chicago
Not all attorneys are equipped to take on DUI cases based on officer testimony. You need a lawyer who understands how to expose weaknesses in police reports and who knows the courts throughout Cook, DuPage, Will, and Lake Counties. At our firm, we ask the right questions: Was there probable cause to stop you? Were the field tests valid? Did the officer jump to conclusions?
We also explore whether the officer was relying on training or making guesses. We challenge their assumptions by forcing them to clarify ambiguous claims. For example, if they say you “seemed confused,” we ask: compared to what? What baseline were they using? These details can mean the difference between conviction and acquittal.
Defenses Against Subjective DUI Claims
Several legal defenses may apply to cases where subjective indicators are central. These include:
- Lack of probable cause for the traffic stop
- Improper administration of field sobriety tests
- Alternative explanations for the observed behavior
- Officer bias or exaggeration
- No independent evidence of impairment
We may also introduce expert testimony to explain why signs like slurred speech or glassy eyes are unreliable without corroborating evidence. These experts can testify about medical conditions, psychological stress responses, or even equipment failure.
Why a DUI Attorney Is Essential in These Cases
If your case hinges on a police officer’s impression, you cannot afford to go to court unrepresented. Judges and juries often place too much trust in officer testimony, assuming it to be neutral or professional. But officers are human, and their opinions are fallible.
Having a defense attorney means those observations will be scrutinized, tested, and challenged at every stage. We protect your rights, demand proof, and hold the prosecution accountable for every claim they make.
Call The Law Offices of David L. Freidberg
We provide aggressive DUI defense for clients in Chicago, Cook County, DuPage County, Will County, and Lake County. Our legal strategies are tailored to the facts of your case, and we know how to dismantle unreliable officer testimony.
If you’ve been charged with DUI in Chicago and have a medical condition that may have impacted your arrest or test results, call The Law Offices of David L. Freidberg for a free 24/7 consultation.
If you were arrested in Chicago for DUI, protect your future by contacting The Law Offices of David L. Freidberg. We have decades of experience handling DUI cases in Illinois. Our firm is available 24/7 to provide the legal defense you deserve.
Contact us today at (312) 560-7100 or toll-free at (800) 803-1442 for a free consultation. We’re available 24/7 to serve clients throughout Illinois, Cook County, DuPage County, Will County, and Lake County.
