BAC Laws in Illinois

Updated on 03/06/2023 / Under

Alcohol is one of the biggest reasons for accidents on the road. It influences your ability to drive and delays your responses, which means you will not be able to respond to an emergency immediately. 

The effects of alcohol can dramatically alter your driving even if you only consume a small amount of it. Therefore, every state has some rules that prevent drunk driving. These are the BAC laws in Illinois, or blood alcohol content, that law enforcement officers uphold quite strictly.

For any questions regarding BAC laws or anything DUI related, call our experienced Naperville DUI attorney Alex Ktenas today for a free consultation!

If you drive on the roads of Illinois, then you must be familiar with the laws on blood alcohol content. It's the blood alcohol concentration levels that measure the ratio of alcohol to blood and the percentage of ethanol in the blood in units of mass of alcohol per blood volume.

a driver having his blood alochol content checked

To understand this, if your results show a BAC of 0.4, then that means that there is 0.04g of alcohol in about 100 milliliters of blood. The test is conducted by taking blood or urine samples; typically, a breathalyzer assesses the amount of alcohol in your breath. If your BAC is 0.8 or more, you will be convicted of driving under the influence. 

No matter what your tolerance of alcohol is, if you cross the legal alcohol limit, you will face a drunk driving charge. 

How Does Alcohol Affect Blood Alcohol Levels?

There are multiple ways alcohol affects blood alcohol levels. This includes the rate of the alcohol you consumed and the rate that it was absorbed in your body. 

Other factors include the age of the driver, body weight, type of alcohol, and food consumed. 

Even if you consume very little alcohol, it can still negatively impact your balance, better judgment, and hand-and-eye coordination. If your blood alcohol is lower than the legal limit, you can still experience delays in your responses. According to research, if your blood alcohol content level is 0.08, then that makes you 11 times more prone to face a deadly car accident. 

FAQ: What are the consequences of multiple DUI's?

If you want to lower your BAC level, then the only way to do that is by letting time pass after consuming alcohol. An average human body takes a minimum of an hour to metabolize around 12-ounce beer, 5-ounce wine, and 1.5- ounces of hard liquor. 

Higher Blood Alcohol Concentration Can Lead To More Severe Criminal Penalties

It is possible for high blood alcohol concentrations to lead to severe drunk driving penalties

  • Drivers convicted of a first-time DUI with a BAC of .16 may face an additional fine of $500 and 100 hours of community service. 
  • Those convicted of a second DUI within the span of 10 years with a BAC of .16  may face a mandatory minimum prison term, usually of 2 days, with a fine of $1,250. 
  • Third-time DUI convictions within 20 years with BAC .16 can get a prison sentence of 90 days with a mandatory minimum fine of $2,500. 

If you reside in Illinois, your alcohol intoxication levels must remain under 0.08%. You will be considered legally drunk if it is more than that. If you have a BAC of 0.05% and less than 0.08%, then you may be arrested and prosecuted for drunk driving arrest. 

You must have a mental or physical impairment to be considered under the influence. Illinois, in particular, does not ask for any scientific proof and can still convict for a DUI if there is credible evidence. This evidence can be from the arresting police officer or any witnesses. 

a driver blowing into a breathalyzer

When pulled over for the suspicion of a DUI, the officer has the right to give you a breathalyzer test. You can refuse the test, but the officer can still arrest you based on any evidence that led them to pull you over. Your refusal may also be used against you so be wary of your situation and handle yourself appropriately.  

The test helps with the establishment of probable cause why the officer pulled you over and then arrested you. The officer can then conduct another test, such as a urine or blood test, as soon as possible. At this point, you cannot exercise your right to speak to an attorney. 

You can never be sure if you have reached the legal limit, and there is no telling how much alcohol will take your body to .08 or more. For some, it may take several drinks, while others may be intoxicated with a single glass. 

Related Content: Common DUI Myths Busted!

The best way to avoid getting a DUI is never to drink and drive. Many drunk drivers have no idea that they are impaired, and the test reveals a much higher intoxication level. Therefore, do not try to guess your intoxication levels, as that can put your life and others in grave danger. 

Contact Our Experienced Naperville DUI Lawyers Today

Get in touch with our experienced DUI defense attorneys and ensure better the best outcome for your case. Our firm has years of experience defending all sorts of DUI cases and is familiar with how DUI laws work. Our attorneys can strategize a plan that will leave your future feeling secure.

All you need to do is contact us at (630) 425-0250 and schedule a consultation. We are available round the clock, so you can reach out whenever and in whatever situation you want. 

You can take our help, and we will work hard to protect your driving record and prevent any of these consequences from happening to you!