You Can Still Be Arrested for DUI in Chicago Even If You Blew Under the Legal Limit

When “Under 0.08%” Doesn’t Mean You’re in the Clear

Many Chicago drivers believe a breath-test result below 0.08% automatically proves innocence. Unfortunately, Illinois law doesn’t see it that way. Under 625 ILCS 5/11-501, a motorist may be arrested and prosecuted whenever an officer claims the driver was “under the influence … to a degree that renders the person incapable of safely driving.” That means a reading of 0.06 or 0.07 can still trigger handcuffs, license suspension, and criminal charges.

These arrests happen daily across the city — from the Kennedy Expressway to neighborhoods such as Andersonville, Bronzeville, or Bucktown. Police training encourages officers to rely on behavioral clues just as much as numerical data: slow reactions at a green light, confusion while handing over a license, or even an odor of alcohol. Once that suspicion forms, a low test result rarely changes the officer’s mind.

At the Law Offices of David L. Freidberg, I’ve defended Chicago clients facing exactly this situation. My goal is to dismantle the flawed assumptions behind these arrests and show the court that numbers below 0.08 prove sobriety, not guilt.

Illinois DUI Law: More Complicated Than It Appears

Illinois’ statutory framework combines objective limits with subjective judgment. The state’s “per se” rule criminalizes any BAC ≥ 0.08. But the second prong of the statute — impairment “to a degree that renders” unsafe driving — gives prosecutors wide latitude. They can pursue a case even without chemical confirmation if they claim visible impairment.

A first-offense DUI is a Class A misdemeanor, carrying up to 364 days in jail, fines to $2,500, and mandatory license suspension. However, aggravating circumstances elevate punishment to felonies:
driving with a minor, causing injury, or having prior convictions transforms the charge into Aggravated DUI, punishable by prison time and long-term revocation.

Even for low-BAC defendants, a conviction creates a permanent criminal record that cannot be expunged. Insurance costs surge, employers perform background checks, and professional licensing boards may initiate disciplinary action. The danger is not the number — it’s the conviction itself.

The Criminal Process in Cook County

After arrest, you’ll spend several hours in custody for booking and chemical testing. Police forward reports to the Cook County State’s Attorney’s Office, which decides whether to prosecute. Within days, your case appears on the docket of the Circuit Court of Cook County, often at the Richard J. Daley Center or 26th and California.

Your initial appearance includes arraignment and bond determination. Simultaneously, the Statutory Summary Suspension under 625 ILCS 5/11-501.1 takes effect. Even if you blew 0.06 and fully cooperated, your driver’s license may be suspended for several months unless you promptly file a petition to rescind.

Discovery follows: the prosecutor must disclose police reports, calibration logs, body-cam footage, and witness statements. A seasoned Chicago criminal defense lawyer examines every page for constitutional or procedural defects. Motions to suppress can eliminate flawed evidence before trial ever begins.

If no resolution occurs, the case proceeds to trial before a judge or jury. Success often depends on whether the defense exposes bias, error, or misconduct in the officer’s observations.

Fictional Example: The Lakeview DUI Arrest

Late one Friday night, a Lakeview driver left a concert and was pulled over for touching the center line. The officer reported “glassy eyes” and “odor of alcohol.” The portable test read 0.07. Despite this, he was arrested.

At court, we subpoenaed the Intoximeters EC/IR II maintenance logs and found the breath machine’s mouthpiece filter had been replaced improperly. The squad video also revealed the driver’s speech and balance were normal. Through cross-examination, the officer admitted the road surface was sloped and poorly lit. The judge ruled the evidence insufficient and dismissed all charges.

This type of result happens because an experienced defense attorney scrutinizes technical details that most defendants — and even some lawyers — overlook.

What Evidence Police Collect in Low-Limit DUI Cases

Police rarely rely solely on the breath number. They build a file that may include:

Field sobriety tests administered under questionable conditions;
Video footage allegedly showing “impairment”;
Written reports noting red eyes or slurred speech;
Toxicology results from hospital draws if drugs are suspected;
Statements you made while anxious or confused.

Each piece must meet evidentiary and constitutional standards. A diligent defense challenges chain-of-custody records, officer certification dates, and whether reasonable suspicion existed at all.

Proven Defense Strategies

When breath results fall below 0.08, the prosecution’s case hinges on perception. Effective strategies include:

Demonstrating no lawful basis for the initial stop or detention;
Revealing testing protocol violations under 20 Ill. Admin. Code § 1286.310 – 1286.330;
Presenting medical documentation explaining physical behavior;
Using expert testimony to show low BAC correlates with full motor skills;
Asserting due-process violations when evidence wasn’t preserved.

A single evidentiary flaw can lead to dismissal or reduction to reckless driving — a civil, not criminal, offense.

Why You Need a Chicago DUI Defense Attorney Immediately

Low-BAC cases are deceptive. Prosecutors frame them as “alcohol-related safety violations,” and judges often assume guilt because an arrest occurred. Representing yourself almost guarantees a conviction.

An attorney protects you from these assumptions by forcing the state to prove every element beyond a reasonable doubt. Your lawyer also preserves your driving privileges, negotiates alternative dispositions, and prepares for trial if needed. The earlier counsel intervenes, the more evidence can be preserved in your favor — dash-cam footage, witness contact information, and calibration data are often erased or lost within weeks.

At The Law Offices of David L. Freidberg, we are available 24/7 because legal trouble doesn’t wait until business hours. Clients receive personal communication, clear fee explanations, and a defense tailored to the exact facts of their case.

Questions to Ask During Your Consultation

Before hiring any lawyer, ask:

How many DUI trials have you handled in Cook County?
What percentage of your cases end in dismissals or reductions?
Will you personally appear at my hearings?
What steps will you take to challenge my license suspension?
What are the realistic outcomes based on my record?

A qualified Chicago DUI lawyer will answer directly, provide examples of past successes, and outline a precise defense plan.

Low-BAC DUI FAQs

Can I really be charged with DUI if my BAC is below 0.08 percent?
Yes. Illinois law allows prosecution if the officer believes alcohol or drugs made you unsafe to drive. A BAC of 0.06 does not automatically exonerate you.

What are the penalties for a first offense?
A Class A misdemeanor carries up to 364 days in jail, fines to $2,500, possible community service, and license suspension. Even without jail time, a conviction becomes permanent.

Is it possible to avoid losing my license?
Yes. Your attorney can petition to rescind the summary suspension. If successful, your driving privileges remain intact while the criminal case proceeds.

Do I have to appear in court?
Yes. DUI charges are criminal matters requiring personal appearance unless the judge grants special permission for your lawyer to appear on your behalf.

Will my employer find out?
Most likely. A DUI arrest and court dates are public record in Illinois, and background checks reveal convictions. Prompt defense action reduces that risk.

What if prescription medication caused drowsiness?
You can still face DUI charges. Under 625 ILCS 5/11-501(a)(4), lawful drugs can constitute impairment. Medical documentation becomes critical evidence.

Can police require a blood draw?
In certain cases involving accidents or refusal of a breath test, officers can obtain a warrant for a blood sample. Procedural errors in obtaining that warrant may render the results inadmissible.

How long will this stay on my record?
A DUI conviction in Illinois is permanent and cannot be expunged. Only dismissals, acquittals, or supervision completions qualify for record relief.

Should I talk to the officer after being stopped?
No. Provide your license and insurance, then politely decline further questioning until an attorney is present. Anything you say may be used against you.

How can a lawyer beat my case if I already blew into the machine?
Breath machines must meet calibration, operator-training, and procedural requirements. If any step fails, the result becomes unreliable. An experienced defense attorney identifies and exploits those failures.

Why Drivers Choose The Law Offices of David L. Freidberg

For more than two decades, clients across Chicago, Cook County, DuPage, Will, and Lake Counties have relied on our firm to protect their rights against unfair DUI charges. We combine technical understanding of forensic testing with courtroom skill developed through years of trial experience. Every case receives personal attention and immediate action.

When You Need a Fighter, Call Us!

If you were arrested in Chicago, protect your future by contacting The Law Offices of David L. Freidberg. We have decades of experience handling criminal, DUI, and traffic cases in Illinois. Our firm is available 24/7 to provide the legal defense you deserve.

Contact us today at (312) 560-7100 or toll-free at (800) 803-1442 for a free consultation. We’re available 24/7 to serve clients throughout Illinois, Cook County, DuPage County, Will County, and Lake County.