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 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).