DUI Under .08

According to the Center for Disease Control and Prevention (CDC), millions of adults across the country self-report driving under the influence every year. While the legal limit for driving under the influence (DUI) is .08 across the United States, it is not the golden standard for charging someone with drunk driving. In many cases, officers make arrests regardless of a person’s blood alcohol content (BAC). The main factor that police consider when deciding whether or not to make an arrest is the level of impairment.

Chicago DUI lawyer Michael O’Meara knows how frustrating it can be to face a DUI charge if your BAC was within the legal limit. You may have passed the breathalyzer test before being arrested, or maybe you were not showing sufficient signs of impairment to justify the charges. It can feel as if you are being punished for a crime you did not commit.

With over 20 years of experience in helping good people regain their freedom, O’Meara Law can advocate for your interests in court to help you obtain a positive case outcome. To find out how we can defend your case, call 312-909-0706 today for a free and confidential consultation.

How Can I Be Charged with a DUI if I Blew Under .08?

In Illinois, the legal limit for drinking and driving is .08 percent blood alcohol content. While police often rely on the results of a breathalyzer to make an arrest for driving under the influence, their main concern is a person’s level of impairment. For example, if an officer observes you swerving or engaging in any type of reckless behavior, they may feel compelled to make an arrest to protect public safety, even if you blow within the legal limit.

Another reason that police often make arrests when BAC is under .08 percent is the potential for driving under the influence of controlled substances. According to the CDC, legal and illicit drugs are the cause of 16 percent of all roadway accidents. Imagine, for example, that you get pulled over under suspicion of driving drunk. Even if you blow under the legal limit, the smell of pot, clearly visible drug paraphernalia, and certain behaviors can all generate the probable cause needed to make a DUI arrest.

How O’Meara Law Can Protect Your Interests

With the help of a skilled Chicago criminal defense attorney, you may be able to avoid the harsh consequences of a DUI conviction. One effective strategy involves proving that your rights were violated at the time of your arrest. You may have been physically abused by officers, or perhaps your vehicle was searched without a warrant.

If you do end up getting convicted, it may be possible to avoid jail time on a first offense. And, even if you have prior offenses, it may be possible to escape with probation, no jail time, and mild fines. With over two decades of experience, our Chicago DUI attorneys at O’Meara Law are able to give your case the thorough defense it deserves.

To learn how you may avoid the harshest consequences of a DUI conviction, call 312-909-0706 now for a free legal consultation.