It is common knowledge that driving under the influence of alcohol or drugs (DUI) is a criminal offense in the state of Illinois. Perhaps equally well-known is the fact the legal limit for a driver’s blood alcohol content (BAC) is 0.08 percent. Importantly, however, there are other ways in which a person can be convicted of DUI in Illinois that do not involve a particular BAC level. While the Illinois DUI statute1 does prohibit driving with a BAC of 0.08 or higher, but also prohibits simply driving while “driving under the influence of alcohol.” Violating the DUI statute can have serious consequences, so it is important for anyone accused of doing so to discuss their options with an experienced Chicago DUI defense lawyer as soon as possible.
The term “under the influence of alcohol” is not defined in the statute. The term is defined in Illinois Pattern Jury Instruction 23.292 as follows:
“A person is under the influence of alcohol when, as a result of drinking any amount of alcohol, his mental or physical faculties are so impaired as to reduce his ability to think and act with ordinary care.”
As a result, a person can be accused of DUI if they refuse chemical testing. In addition, they can also be accused of DUI if the results of any chemical testing performed return a reading of less than 0.08, provided that the investigating officer and prosecutor believes that there is sufficient evidence to suggest that a person is sufficiently impaired to meet the definition of “under the influence” used by the Illinois courts.
Contact a Chicago DUI defense attorney today to schedule a free consultation
As a former prosecutor, Illinois lawyer Nenye Uche has a keen understanding of the Illinois criminal justice system and has the experience and skill required to bring your case to a favorable resolution. Because of the serious legal consequences that may be involved, it is important for anyone who is accused of DUI in Illinois to retain an experienced attorney as soon as possible. To schedule a free consultation with Mr. Uche, call our office today at (888) 251.4428.
References:
1 http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K11-501
2 http://www.state.il.us/Court/CircuitCourt/CriminalJuryInstructions/CRIM%2023.00.pdf