An Illinois driver who is approached by a law enforcement officer may be very nervous. However, if there is no probable cause for an officer to approach someone, any resulting arrest may be challenged. In some cases, scrutinizing the procedures during an arrest for drunk driving can result in the discovery that a charge should be dismissed.

Recently, the son of former Chicago Bears coach Mike Ditka was arrested for drunk driving. According to reports, Michael Ditka was parked in the parking lot of his apartment complex. Police approached him, determined he had been drinking and arrested him.

However, the fact that the police officer who arrested him had no reason to suspect Ditka was doing anything wrong challenges the validity of the resulting arrest. Because of this, his lawyer argued that all the evidence gathered by the officer should be dismissed. This includes blood work, statements and other items that should not have been collected. A judge granted the suppression of these pieces, so none of that can be used in a court case.

It is not known whether or not felony DUI charges will be pursued now because much of the evidence collected has been thrown out. This would be Ditka's third charge of DUI. If charges are pursued and he is convicted, he faces three to seven years in prison.

The fact that much of the evidence against Ditka is not allowed may greatly decrease the chance that a court case will happen. This situation illustrates the importance of a careful and specific investigation into an arrest for drunk driving. By working with someone who can determine the legality of police procedures, it may be possible to challenge the arrest and any evidence that was collected. Many times, unlawful police procedure can lead to the dismissal of all charges.

Source: Highland Park News, "Ditka's son's DUI arrest quashed," Beth Kramer, Feb. 10, 2012