Under Illinois law, it is illegal for drivers aged 21 and older to operate a vehicle with a blood alcohol concentration (BAC) of 0.08 percent or higher. For commercial drivers, that legal limit is 0.04 percent. If the driver is under 21, then they are subject to the state’s zero-tolerance policy that prohibits any detectable amount of alcohol in the driver’s system while driving.
Despite these legal limits, there are still some situations where a driver can be charged with DUI even if tests show a BAC under the legal limit. If you have been charged with drunk driving, it is imperative to contact an Illinois defense lawyer right away to ensure your rights are protected.
Factors in a DUI Charge
Although the state does have BAC limits listed above, these limits are not absolute, and drivers can still be charged with DUI if they show signs of impairment despite having a BAC below these thresholds. Police officers are trained to recognize the physical and behavioral signs of intoxication. Some of the common signs an officer may look for when there is a suspicion of drunk driving are slurred speech, impaired coordination, erratic driving behavior, and the odor of alcohol on the driver’s breath or in the vehicle. Suppose an officer suspects that a driver is drunk based on these observations. In that case, they may request field sobriety tests or a breathalyzer or blood test to assess the driver’s level of intoxication.