Even if your breathalyzer reading is below the Illinois legal limit of .08, police can still charge you with DUI. That’s because the .08 limit is only a legal presumption that you were intoxicated. If you were driving badly enough, the state can still find you guilty of drunk driving.
While a breathalyzer reading below .08 can help disprove a presumption of drunk driving, it does not prevent the State from relying on other evidence such as slurred speech, inability to walk a line, glassy eyes and erratic driving.
Can you still fight the charges? Absolutely. The State has the burden to prove a DUI beyond a reasonable doubt. An experienced attorney can help probe the weaknesses in the state’s case and improve your chances of obtaining a not guilty verdict.
Even if your breathalyzer is at or just slightly over .08, you may still be able to fight a charge of drunk driving. Once again, the .08 limit is only a legal presumption. An experienced attorney may help you present other evidence to show that your driving was not impaired.
If you have questions about your situation, feel free to contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com for advice.
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Illinois Jurisprudence: Criminal Law and Procedure. Vol. 1. (LexisNexis 2014).
Illinois Jurisprudence: Criminal Law and Procedure. Vol. 1. (LexisNexis 2014).