How Do Dashcam Videos Impact DUI Defense in Illinois?
Driving under the influence (DUI) is a serious offense in Illinois, carrying potentially life-altering consequences. From license suspension and hefty fines to imprisonment and a permanent criminal record, the stakes are high.
As a defense attorney serving Chicago's West Suburbs, I can help you mount the defense you need and understand how dashcam videos impact your case. Mockaitis Law Group, LLC, understands that every case is different and requires special attention. My representation is catered to the specific needs of your case and your case alone.
DUI Charges in Illinois
Illinois has strict DUI laws. According to the Illinois General Assembly, a person can be charged with a DUI under 625 ILCS 5/11-501 if they’re caught operating a motor vehicle:
With a blood alcohol concentration (BAC) of 0.08% or higher,
While under the influence of alcohol, drugs, or any intoxicating compound,
With any trace of certain drugs in their system, such as cannabis or methamphetamine.
Penalties vary depending on prior convictions, BAC level, and whether any aggravating factors were present (e.g., driving with a child in the car or causing injury).
What Are Dashcams and Who Uses Them?
A dashcam, or dashboard camera, is a small video recording device typically mounted on a vehicle’s dashboard or windshield. It records the road ahead and sometimes the vehicle’s interior. In DUI cases, dashcam footage may come from:
Police vehicles, which routinely record traffic stops and field sobriety tests.
Personal vehicles, especially those of rideshare drivers or commercial operators.
Bystanders or witnesses, if available and relevant.
Footage from these cameras can be pivotal during both prosecution and defense.
Police Dashcam Footage
Illinois state troopers and many local police departments use dashcams to record traffic stops, including suspected DUI stops. These videos can play a central role in DUI defense in several ways.
Verifying or Disputing Officer Testimony
In DUI cases, the officer’s observations form the foundation of the arrest and prosecution. Dashcam videos allow the defense to compare the officer’s narrative with visual evidence. For example:
If an officer claims the driver was swerving or driving erratically, dashcam footage can either corroborate or refute that.
If the officer alleges noncompliance or aggression, the video may show a calm and cooperative demeanor.
Any discrepancies can cast doubt on the credibility of the officer’s testimony and the prosecution’s case.
Assessing Field Sobriety Tests
Field sobriety tests (FSTs) are often subjective and prone to officer bias. Police dashcams frequently capture these tests, such as the walk-and-turn, one-leg stand, or horizontal gaze nystagmus. A defense attorney can analyze the video to determine:
Whether the officer gave proper instructions,
If the conditions were suitable (e.g., level ground, proper lighting),
How well the defendant actually performed.
Clear video evidence of a compliant and steady individual may support the defense’s argument that the arrest was unjustified.
Confirming Miranda Rights and Probable Cause
Dashcam footage can confirm whether:
The officer advised the driver of their rights.
Probable cause existed to administer a breathalyzer or make an arrest.
A failure to follow proper procedures can result in suppression of evidence or even dismissal of charges.
How Private Dashcam Footage Can Help
While police dashcams are common, footage from the defendant’s or a third party’s dashcam may also be relevant and potentially exculpatory.
Challenging the Reason for the Stop
An officer must have a legitimate reason (reasonable suspicion) to initiate a traffic stop. Dashcam footage from the defendant’s car can provide a second perspective on whether:
The driver actually committed a traffic violation.
There was truly cause to suspect impairment.
If the video shows no traffic infraction, the stop may be challenged as unlawful.
Providing a Timeline
A dashcam’s timestamped footage can establish a reliable timeline of events. This may be crucial in:
Confirming how long the stop lasted,
Proving or refuting delays in administering a breathalyzer,
Showing that a roadside test or questioning lasted too long without arrest or Miranda warnings.
Such details can help challenge the legality of the detention and the admissibility of statements or evidence.
Refuting Signs of Impairment
Footage from within the defendant’s vehicle may reveal their behavior immediately before and after the stop. For example:
Calm, coherent conversation.
No difficulty handling the vehicle or interacting with passengers.
No alcohol containers or illegal substances in view.
These observations can support the claim that the driver wasn’t impaired.
Illinois Laws on Dashcam Evidence
In Illinois, dashcam video is generally admissible in court if it meets basic evidentiary standards. The Illinois Rules of Evidence require:
Relevance: The footage must pertain to the facts of the case.
Authenticity: It must be proven that the footage is a true and accurate representation of the events.
Chain of custody: There must be documentation of who had control of the footage and when, especially for police recordings.
Under the Illinois Freedom of Information Act (FOIA), defense attorneys can often obtain police dashcam footage through discovery, though privacy laws may restrict access in some cases. Importantly, courts may require redactions if third parties appear in the video.
Limitations of Dashcam Footage
Although powerful, dashcam footage isn’t always a silver bullet. Several limitations may affect its impact on a DUI case.
Partial Coverage
Dashcams typically only record what is in front of the vehicle. While this forward-facing footage can provide valuable evidence during a DUI stop, its limited field of view means that crucial aspects of the incident may go unrecorded or undocumented. For example:
The driver’s behavior inside the vehicle.
Important details occurring behind the vehicle.
Off-camera interactions at the station after arrest.
This limited scope of coverage underscores the importance of seeking access to other forms of video evidence, such as body-worn cameras or surveillance footage from the booking area, which may fill in the gaps left by dashcams. It also emphasizes the need for a thorough legal review of all evidence, not just what’s on camera, when constructing a DUI defense.
Poor Quality or Missing Footage
Occasionally, video may be:
Grainy or poorly lit.
Incomplete due to technical issues.
Lost, corrupted, or deliberately withheld.
When footage is missing or tampered with, defense counsel may argue spoliation of evidence, which could lead to sanctions or favorable inferences for the defendant.
Incriminating Evidence
In some cases, dashcam videos may hurt the defense by clearly showing:
Erratic driving.
Slurred speech or stumbling.
Refusal to comply with tests.
In these instances, the footage strengthens the prosecution’s case and may influence plea negotiations or sentencing.
Dashcams and Civil Rights in DUI Cases
Dashcam footage not only affects DUI guilt or innocence but may also raise questions of constitutional rights. For instance:
Unlawful search and seizure: If the stop was baseless or prolonged without justification, Fourth Amendment rights may have been violated.
Failure to advise of rights: Statements may be inadmissible if Miranda warnings weren’t issued after arrest.
Excessive force or misconduct: Rare but serious, some dashcam videos reveal police behavior that could result in additional legal consequences or suppression of evidence.
In these situations, video becomes not just a factual tool but a civil rights safeguard.
Contact a DUI Attorney Today
Working with an experienced attorney is crucial when facing DUI charges. Mockaitis Law Group, LLC serves Chicago’s West Suburbs, including Kendall County, Kane County, DuPage County, Grundy County, and DeKalb County. Contact my office in Oswego, Illinois today to learn more about how I can help you.