Chicago Criminal Lawyer Blog
A Low-BAC Arrest Can Still Derail Your Future
You might expect that a breath-alcohol reading below 0.08% guarantees your freedom. Unfortunately, countless drivers across Chicago learn otherwise every year. Police patrols along Lake Shore Drive, the Loop, and neighborhoods like Logan Square and Lincoln Park frequently stop motorists whose tests register 0.07 or lower, only to arrest them for driving under the influence under 625 ILCS 5/11-501.
Illinois law defines impairment in two ways. The first is the familiar “per se” standard — a BAC of 0.08 or higher. The second is far broader: driving while under the influence of alcohol, drugs, or a combination thereof so as to be incapable of driving safely. This vague wording gives law enforcement wide discretion to accuse someone of DUI even when chemical evidence shows minimal alcohol in the bloodstream.
