FAQS

Can I be charged with a DUI in Illinois if I was not drinking when I was pulled over?

Unfortunately, the answer is yes. Even if you were not drunk when you were pulled over, you can still be charged if there is proof beyond a reasonable doubt that you were driving under the influence of drugs or medication that impaired your driving ability. It is important to mount a vigorous defense to these charges as soon as possible. As there is no breathalyzer test to analyze, these cases often come down to the credibility of the parties involved, so it is imperative to consult with an attorney as soon as possible so as to develop a defense strategy. This often involves questioning the credibility of the police report with respect to qualitative claims about impairment.

 

I received two different DUI charges as the result of one arrest.  Why am I being charged twice for the same crime?

Some states, including Illinois, have two separate DUI offenses. One is for driving with a blood alcohol concentration (BAC) above the statutory maximum and the other is for driving impaired as a result of consuming alcohol or some other drug. If a breath test puts your BAC above the statutory maximum for your license class, you are assumed to be impaired as well and are likely to be charged for both offenses. Even if you fail a breath test, it may be possible to invalidate the test results and to get both charges reduced, dropped, or dismissed. It is important to talk to a lawyer as soon as possible after the incident in order to explore the available options.

 

Why was I charged with DUI in Illinois when I only blew a .05 on the breathalyzer test?

Many people believe that in order to be convicted of dui, you have to blow above a .08 (the statutory minimum in most states) on a breath test. However, certain classes of drivers are subject to stricter BAC limits. School bus drivers and drivers under the age of 21 are presumed to be impaired at any BAC above .0, and commercial drivers are presumed to be impaired at any BAC above .04. Due to the margin of error of the breath test, it is possible to exceed these thresholds without consuming alcohol, in which case it may be necessary to dispute the charges. Even a driver not subject to stricter BAC limits may be charged if the police and the prosecutor suspect that some combination of drugs and alcohol negatively impacted driving ability. These charges often rest upon subjective evidence, and a lawyer may be able to challenge them in court.

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