The short answer is yes. In Illinois, the blood-alcohol limit is .08 for most of the population. This means that if you are operating or in physical control of a vehicle while your blood-alcohol level is above .08, it is presumed that you are legally intoxicated and the state can file DUI charges against you. If your level is under .08, it does not mean that you cannot receive a DUI. Instead, there is no presumption of intoxication against you and the state will have to prove you were legally intoxicated using factors other than your blood-alcohol level. It becomes a much more difficult task for the state when a driver's limit is under .08, and many drivers in this situation can have their charges dismissed or will be acquitted if they contest these charges. However, there is no guarantee that if your BAC is below .08 that you will not receive a DUI. If you have been charged with a DUI or have further questions, contact one of our DUI attorneys.
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