QUESTION
Can I get charged with a DUI if my breathalyzer test was under.08?
Asked on Mar 12th, 2013 on DUI/DWI - Illinois
More details to this question:
I was pulled over after having just a couple drinks at a company fundraiser. I definitely was not drunk and did not refuse the breathalyzer when the officer asked. I blew a .04 but was still arrested. Is that legal?
3 ANSWERS
Divorce and Family Law Attorney serving Hillside, IL
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The Law Office of Vincent C. Machroli, P.C.
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Yes, you can still be charged. You should schedule a consultation with an experienced DUI defense attorney. Once the case is resolved to your satisfaction, you'll be glad you paid the money to hire him/her & properly protect your legal rights.
Answered on Mar 12th, 2013 at 11:02 PM
Criminal Law Attorney serving Melrose Park, IL
at
The Law Offices of Carlos H. Davalos
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Yes you can be arrested if from the officer's vantage point you appeared to be drving under the influence, irrespective of your BAC at the time.
Answered on Mar 12th, 2013 at 10:43 PM
Criminal Defense Attorney serving Lincolnwood, IL
at
Fagan, Fagan & Davis
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Yes. In Illinois, there are a number of ways you might be charged with DUI. One is the "per se" violation of having a blood alcohol content of 0.08 or above while driving, but there are others, such as driving while impaired by any amount of alcohol, for example, and several others. The fact that your breath test revealed a result under 0.05 may help in your defense, but you should consult competent counsel familiar with the Court where your case will be hear as soon as possible. Here's a video that might help you understand, and there are more available if you have further questions - Drinking and Driving is NOT the same as DUI - Illinois DUI Lawyer Steve Fagan explains.
Answered on Mar 12th, 2013 at 9:35 PM