Will a BAC Close to the Legal Limit Get Leniency on a DUI?

 Posted on July 30,2024 in DUI

Imagine spending an hour with some work friends to celebrate a recent promotion. You have a couple of beers during the celebration, then head home. Suddenly, you see flashing lights in your rearview mirror. Despite your best efforts to convince the officer that you are far from impaired, you find yourself under arrest for DUI. A DUI arrest can seriously affect your future – and not in a positive way.

You could find yourself without a driver’s license, facing harsh legal penalties, perhaps even time in jail. What if your BAC tested barely at 0.08 percent – or even below? Will an Illinois judge look more leniently at your DUI charges? It is important that you speak to a knowledgeable Barrington DUI attorney. A skilled attorney from The Law Offices of Matthew R. Gebhardt, P.C. has years of experience dealing with situations just like yours and will know the best steps to take to resolve the issue and secure the most positive outcome possible.

What Constitutes Driving Under the Influence in Illinois?

Under Illinois law, a person may not operate a vehicle with a BAC of 0.08 percent or higher, a concentration of 5 nanograms of THC or more per milliliter of blood, or with any medication, legal or illegal, that impairs the ability to drive. If a police officer believes a driver is unable to operate a vehicle safely, yet their BAC is between 0.05 and 0.08 percent, the driver can still be charged with an Illinois DUI. This is an extremely subjective determination that can alter the driver’s life for a very long time.  

Not only must a police officer have clear, reasonable suspicion to pull a driver over, but they must also have clear proof of impairment. A driver who is tailgating, weaving, zigzagging, driving on the shoulder, accelerating or decelerating quickly, erratically braking, or almost hitting something gives the officer reasonable suspicion to pull them over.

A driver who is not doing any of these things does not give the officer reasonable suspicion, even if the officer saw the driver leave a bar.  While a field sobriety test is not mandatory, a driver who refuses a breathalyzer test will have his or her license suspended. Since there are many valid challenges to breathalyzer tests, it is usually a better idea to agree.

How A Skilled DUI Attorney Can Have Your Charges Reduced or Dismissed

If your BAC was either right at the legal limit or below the legal limit, a judge may be inclined to be more lenient, particularly if this is your first DUI, you have no prior criminal history, you caused no accident and no injuries, and/or there are issues with evidence surrounding your charges. Your attorney may persuasively argue all these defenses on your behalf, and the judge could give you the minimum penalties possible.

Alternatively, your attorney may challenge your BAC reading entirely. Perhaps you have an illness like diabetes, kidney disease, or liver disease, all of which can affect your BAC reading. Other issues that can affect your BAC reading include your profession, your diet, your medications, whether the device was properly calibrated, whether the officer was properly trained and whether the officer precisely followed protocol when administering the test.

A proven problem with your BAC test could result in your DUI charges being dropped entirely. Your attorney could also plead your DUI down to reckless driving if your BAC is barely at or below the legal limit.  In this case, your penalties could be less severe than DUI penalties and might be easier to explain to a potential employer.

Contact a Lake County, IL DUI Lawyer

It can be extremely stressful to be facing Illinois DUI charges. A conviction could result in jail time, extremely high fines, and adverse consequences such as losing your current job or being unable to find a job with a DUI on your record. It is important to have a skilled Libertyville, IL DUI attorney by your side, advocating on your behalf from beginning to end. Your attorney will work hard for a positive outcome and to minimize the negative consequences of your DUI charges. An attorney who has worked for the other side offers even more benefits. Contact The Law Offices of Matthew R. Gebhardt, P.C. at 847-239-4703 to schedule a free consultation.