Everyone knows that drunk driving is illegal. Yet many drink and drive, believing they are not breaking the law. They think they are OK because they only had one or two drinks. Or because they paced their consumption and accompanied it with food.
If the police stop you and you test over 0.08% blood alcohol content (BAC), they will automatically charge you with driving under the influence (DUI). So, many people believe that they are fine if they test below this. It is not quite true. Here is why:
Some people face lower legal BAC limits
Commercial drivers will get a DUI with 0.04% of alcohol in their system. Folks under 21 years of age will get charged if they have any alcohol at all in their system. The limit for them is 0%.
You can still be charged if under the maximum BAC limit
Illinois law allows the police to charge someone they believe has been impaired by alcohol or by a combination of alcohol and other substances “to a degree that renders the person incapable of safely driving.”
So, the short answer is that it is never acceptable to drink and drive as it always puts you at risk of an arrest and any amount of alcohol affects your ability to drive safely. Yet, police officers sometimes jump to conclusions and press charges where they aren’t warranted. With legal help, you may be able to persuade a judge that the circumstances of your case warrant dismissing the DUI charge. Whatever your situation, there are always defense options to explore.