by Marco Raimondi » Fri Dec 26, 2008 1:21 pm
I'm a criminal defense attorney in the Chicago area, and I have represented clients in D.U.I. matters for 17 years (after having prosecuted D.U.I. and other criminal matters for 9 years). In Illinois, the BAC (blood alcohol concentration) limit is 0.08%, but that does not mean that you cannot be arrested and charged or even convicted if your BAC is below that! I have had several clients arrested and charged with lower BAC levels; though none were convicted, the law in Illinois merely creates a presumption that you are D.U.I. if you test at or higher than 0.08%, but if your BAC falls between 0.05 and 0.08 there is no presumption either way, so consequently, if there is other evidence suggesting intoxication, one could lawfully be convicted with a BAC level lower than 0.08%, or conceivably,even lower than 0.05%! There are also provisions for driving under the influence of drugs, and a combination of drugs and alcohol (and the drugs don't have to be unlawful scheduled substances or cannabis to trigger criminal/civil sanctions; i.e. the presence in your system of lawfully ingested prescription medication alone, or in combination with alcohol can subject you to prosecution and conviction and/or civil liability for D.U.I. in Illinois).
The following excerpt is quoted directly from the relevant section of the Illinois Law ("Illinois Compiled Statutes") to which I refer re D.U.I. based on alcohol alone:
"...(b) Upon the trial of any civil or criminal action or proceeding arising out of acts alleged to have been committed by any person while driving or in actual physical control of a vehicle while under the influence of alcohol, the concentration of alcohol in the person's blood or breath at the time alleged as shown by analysis of the person's blood, urine, breath, or other bodily substance shall give rise to the following presumptions:
1. If there was at that time an alcohol concentration of 0.05 or less, it shall be presumed that the person was not under the influence of alcohol.
2. If there was at that time an alcohol concentration in excess of 0.05 but less than 0.08, such facts shall not give rise to any presumption that the person was or was not under the influence of alcohol, but such fact may be considered with other competent evidence in determining whether the person was under the influence of alcohol.
3. If there was at that time an alcohol concentration of 0.08 or more, it shall be presumed that the person was under the influence of alcohol...." from: 625 ILCS 5/11‑501.2
Marco