CAN I BE CONVICTED FOR DUI IN ILLINOIS IF I AM UNDER THE LEGAL LIMIT?

The answer is yes, if you showed other signs of impairment.

In Illinois, the legal limit is currently .08 for alcohol. For marijuana, the limit is 5    nanograms per milliliter of whole blood or 10 nanograms per milliliter of other bodily substance.  See 625 ILCS 5/11-501.2.

These limits, however, are only a presumption that you were intoxicated.  If you drove badly, fell out of your car or garbled your words, the state can still convict you.  On the other hand, if you drove perfectly, enunciated like British royalty and carried yourself like a ballerina, you might win at trial even if you were slightly over the limit.

If you have been charged with DUI or a similar offense, contact an experienced DUI attorney immediately.  An attorney can review your case for its best possible defense.  Did the police have probable cause to stop you in the first place?  If not, your attorney can file a petition to suppress any evidence from the stop in hopes of getting your case dismissed.  Even if your arrest was legal and evidence against you is overwhelming, an attorney who is respected in the courthouse may be able to negotiate a more favorable plea agreement than you could on your own.

If you have questions about this or another related Illinois criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or matt@mattkeenanlaw.com.

(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)