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Can I Be Arrested for DUI in Illinois Even If I Pass a Breath Test?

 Posted on April 02, 2021 in DUI

Wheaton DUI defense lawyerThe legal blood alcohol content limit for anyone operating a motor vehicle is 0.08 percent. Consequently, many motorists assume that an individual may only be arrested for driving under the influence of alcohol or drugs (DUI) if their blood alcohol content is above this limit. However, it is possible to be arrested for DUI even if you pass a breathalyzer test or refuse to take the test. If you have been arrested for DUI, knowing your rights regarding DUI-related traffic stops, breathalyzers, and blood tests is key to forming a strong defense against the charges.

Illinois Law Does Not Require a Failed Breath Test for a DUI Arrest

In Illinois, 0.08 percent BAC or higher is considered intoxicated “per se” or intoxicated by law. However, Illinois law does not require per se intoxication for a DUI arrest. The law states that it is illegal to be in “actual physical control” of a vehicle while:

  • Under the influence of alcohol

  • Under the influence of an intoxicating compound that makes the driver unable to drive safely

  • The driver’s BAC is 0.08 percent or more

  • The driver has any amount of a controlled substance in his or her body

As you can see, having a BAC of 0.08 percent or more is only one of the reasons that a person can be arrested for DUI.

What Is Considered “Probable Cause” for a DUI Arrest in Illinois?

If you are like most people, you probably assume that police are only authorized to arrest someone for drunk driving if there is quantitative evidence that the person is intoxicated. However, many DUI arrests are based on subjective observations. To arrest someone for DUI, the police must have “probable cause” or a reasonable belief that the driver is driving under the influence. Probable cause may be established by the arresting officer’s observations alone. Slurred speech, red eyes, stumbling, and the smell of alcohol on a driver’s breath are often enough to trigger a DUI arrest.

Contact a Wheaton DUI Defense Lawyer

It is crucial to remember that being arrested for DUI is not the same thing as being convicted of DUI. If you have been charged with drunk driving, you will be given the chance to defend yourself against these charges. A skilled DuPage County DUI defense attorney from the Davi Law Group can help you develop an aggressive legal defense and fight for your freedom. Call us at 630-580-6373 for a free confidential consultation today.



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