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My BAC was below the legal limit. Will I still get a DUI?

On Behalf of | Mar 31, 2022 | DUI Defense |

Young adults are finding their way in the world, and it can come with many challenges. Sometimes, mistakes are made especially when it comes to alcohol. Some young adults, after having a drink or two at a bar or friend’s house, may end up finding themselves facing a DUI arrest when they try to drive themselves home. It is good to know what you are being charged with if you find yourself in just such a situation.

BAC of 0.08

Under Illinois law, if a person drives with a blood-alcohol concentration of 0.08 or higher, they can be arrested for driving under the influence. This is known as DUI per se, meaning that the BAC results alone serve as enough evidence to lawfully arrest a person. According to the National Highway Traffic Safety Administration, a person with a BAC of 0.08 can have problems with their balance, vision, reaction time, judgment, reasoning and memory. Most people understand why a person with a BAC of 0.08 or higher cannot drive safely.

BAC of 0.05

What if your BAC is 0.05? This is below the legal limit. Does this mean you are safe from a DUI arrest? Perhaps not. Under Illinois law, a person who is intoxicated by alcohol and thus cannot drive safely can be arrested for DUI, even if their BAC is below 0.05. Generally, safeness gauged on police observation and field sobriety tests. A person with a BAC of 0.05, for example, may have problems focusing their eyes, problems judging their environment and actions and they may find they are less alert. For these reasons, even if a person’s BAC is below the legal limit, they can still be arrested for DUI.

Know your rights

Being arrested for DUI comes with a whole host of accompanying problems. You may be facing fines, impoundment of your vehicle, the loss of your driver’s license and more. It can be a scary and stressful situation to find yourself in. The first step you may want to take is to seek the help you need to understand your rights so you can make the decisions you need to as you move forward into the future.