Even if your breathalyzer reading is below .08, police can still charge you with DUI. That’s because the .08 limit is only a legal presumption that you were intoxicated.

A reading below .08 can help disprove that presumption of drunk driving.  But if you slurred your speech, had glassy eyes, drove erratically and messed up the field sobriety tests, a judge or jury can still convict you.

Can you still fight the charges? Absolutely. The State has the burden of proving all  elements of the DUI beyond a reasonable doubt. An experienced attorney can reviewyour case for  its best possible defense.  Did police have a reason to stop you?  If not, an attorney can petition to suppress the evidence from your stop.  Can the state prove it was you  driving?  Is there enough evidence that you were impaired?  If not, you could win an acquittal.

Even if your breathalyzer is at or  slightly over .08, you may still be able to fight the charges. Once again, the .08 limit is only a legal presumption. An experienced attorney may be able to show that you were not impaired despite the slightly higher reading.

If you have questions about your situation, feel free to contact Matt Keenan at 847-568-0160 or email  for advice.

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.
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