The answer is that it’s possible.  By the same token, you may still be found guilty of DUI if your blood alcohol was below .08.

Your blood alcohol reading leads to a presumption that you were or weren’t driving under the influence.  If your reading is under .05, the presumption is that you were not driving under the influence.  If it is between .05 and .08, the presumption can go either way.  If you are over .08, the presumption is you are guilty.

But a presumption can be overcome by other evidence.

Your driving is the most important factor that a court considers when rejecting a presumption that you were DUI.  If your driving was safe and you generally did well in handling yourself with officers and in field sobriety tests, you could win a not guilty even if you blew over .08.  On the other hand, if you were swerving all over the road and falling out of the car, you could still be convicted with a breathalyzer below the legal limit.

There is one exception to this rule.  If you were specifically charged with driving under the influence with breathalyzer over .08, you can be convicted on that count no matter how well you drove or behaved.  An attorney can still possibly challenge the accuracy of the breathalyzer result or the legality of the police stop.  If all else fails, a experienced attorney may be able to negotiate a plea bargain to a reduced charge such as reckless driving.

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

(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.)


About mdkeenan

A criminal and school law attorney with over 17 years of experience, I have successfully represented clients all over the Chicago area. My practice includes DUI, felony, criminal, misdemeanor, homicide, internet crime, retail theft, traffic offenses, cyberstalking, drug crimes, weapons violations, domestic battery and juvenile crime. I also represent families involving school cases. My clients come from all over the Chicago area including Skokie, Wilmette, Niles, Northbrook, Glenview, Evanston, Winnetka, Highland park, Northfield, Park Ridge, Des Plaines and Mount Prospect. I am a member of the ACLU and the Illinois State Bar Association. I serve as a volunteer for First Defense Legal Aid. Se habla espanol.
This entry was posted in Uncategorized. Bookmark the permalink.