Chicago Criminal Lawyer Blog
Why Breathalyzer Evidence Is Not Always Reliable in Illinois DUI Cases
Drivers arrested for DUI in Lake County often believe that a breathalyzer reading automatically means a conviction. This assumption is one of the most common misconceptions in Illinois DUI defense. Breath testing devices are widely used by law enforcement, but they are not immune from error. In fact, breathalyzer evidence is challenged regularly in Illinois courts, particularly in Lake County where DUI enforcement is aggressive and prosecutors often rely heavily on chemical testing.
Illinois DUI charges fall under 625 ILCS 5/11-501, which makes it unlawful to drive with a blood alcohol concentration of .08 or higher or while impaired by alcohol, drugs, or intoxicating compounds. A first-time DUI is typically charged as a Class A misdemeanor, but aggravating factors can elevate the offense to a felony. Aggravated DUI charges can arise when a driver has prior convictions, drives with a suspended license, or causes bodily harm. These felony DUI cases carry significantly harsher penalties including prison time.
