What If I Blew Under Illinois’ Legal Limit But Was Still Arrested?

Understanding DUI Arrests in Chicago Even When You Blow Below 0.08%

As a seasoned Chicago criminal defense lawyer, I’ve represented hundreds of clients who were shocked to find themselves in handcuffs even after their breath test showed a result below Illinois’ legal limit of 0.08%. They believed that blowing under the limit automatically meant they were safe from prosecution. Unfortunately, that’s not always true.

In Chicago and throughout Illinois, law enforcement officers have broad discretion when determining whether a driver is impaired under 625 ILCS 5/11-501, the Illinois DUI statute. This law makes it illegal to drive or be in actual physical control of a vehicle while under the influence of alcohol, drugs, or any intoxicating compound to a degree that renders a person incapable of driving safely.

That means that even with a BAC of 0.07%, 0.06%, or even lower, an officer can still arrest you if they claim you showed visible signs of impairment — slurred speech, bloodshot eyes, poor balance, erratic driving, or the smell of alcohol. In some cases, drivers are charged even when chemical tests later show no alcohol at all, based solely on the officer’s observations.

In Cook County, these cases are often prosecuted aggressively, especially near nightlife areas like River North, Wrigleyville, or along the Eisenhower Expressway corridor where saturation patrols are common. The arrest alone can have serious consequences — from driver’s license suspension to permanent marks on your record — even before you see the inside of a courtroom. That’s why you need an experienced Chicago DUI defense attorney on your side immediately after an arrest.

The Illinois DUI Statute and Its Hidden Traps

Under 625 ILCS 5/11-501(a), you can be charged with DUI if:

You have a blood-alcohol concentration (BAC) of 0.08% or more;
You are under the influence of alcohol or drugs to a degree that renders you incapable of driving safely, regardless of BAC;
You are under the combined influence of alcohol, drugs, or intoxicating compounds; or
You have any amount of a controlled substance in your system, as defined in the Illinois Controlled Substances Act.

That second clause — being “under the influence to a degree that renders you incapable of safely driving” — is what allows prosecutors to file DUI charges even when your test result is below 0.08%.

A first-time DUI is typically a Class A misdemeanor punishable by up to 364 days in jail and a fine of up to $2,500. However, aggravating factors can elevate the offense to a felony. For example, driving with a child passenger (625 ILCS 5/11-501(d)(1)(J)), causing an accident with injury, or having prior DUI convictions can raise the charge to Aggravated DUI, a Class 4 felony or higher.

In Cook County and DuPage County courts, prosecutors often argue that even low BAC readings demonstrate impairment when combined with other evidence, such as field sobriety test results or dash-cam footage. This interpretation gives police and prosecutors a wide margin to arrest and convict drivers who are not actually over the legal limit.

The Criminal Process After a DUI Arrest in Illinois

Once you are arrested for DUI in Chicago, the case typically begins at the Cook County Criminal Courthouse at 26th and California or at one of the branch courts such as the Daley Center or Maywood. You will be formally charged, and an initial appearance will be scheduled where bond conditions are set.

During this period, your driver’s license suspension under the Statutory Summary Suspension Law (625 ILCS 5/11-501.1) will also take effect. If you blew below 0.08%, your license might still be suspended if you refused testing or if the officer claims probable cause existed for impairment.

Your defense attorney can file a Petition to Rescind the Summary Suspension, which must be done promptly — typically within 90 days of notice. The hearing gives you a chance to challenge the legality of the stop, arrest, or testing procedures.

Afterward, your case moves to pre-trial proceedings, where evidence is exchanged. The state must provide police reports, breath test results, video evidence, and witness statements. Your Chicago criminal defense lawyer will analyze every detail for constitutional violations, such as an unlawful traffic stop, improper field sobriety testing, or inaccurate breathalyzer calibration.

If negotiations fail, your case will proceed to trial before a judge or jury. A strong defense strategy can lead to dismissal or acquittal, even if the state argues impairment under the 0.08% threshold.

Example Case: A Low BAC Arrest in Wicker Park

A client was stopped late at night near Wicker Park after rolling through a stop sign. The officer claimed the driver smelled of alcohol and had glassy eyes. The client complied with field sobriety tests and blew 0.06% on a portable breath test. Despite the low reading, he was arrested for DUI under suspicion of being “under the influence.”

We obtained the squad car video, which showed the driver standing steadily and answering questions clearly. The breathalyzer was later found to have expired calibration. During the hearing, we argued lack of probable cause for arrest and challenged the officer’s interpretation of impairment. The judge agreed, ruling the arrest invalid and rescinding the license suspension. The case was dismissed before trial.

This scenario is not uncommon in Chicago’s nightlife districts, where law enforcement often relies more on perception than reliable data. A well-prepared attorney can expose these flaws and protect your record.

Evidence Law Enforcement Tries to Collect

When officers suspect DUI even with a low BAC, they rely heavily on subjective observations and flawed testing. Common evidence includes:

Field Sobriety Tests (FSTs) like the walk-and-turn or one-leg stand, which can be affected by nerves, footwear, or uneven pavement.
Dash and Body-Cam Footage capturing your speech and demeanor.
Officer Testimony claiming “bloodshot eyes,” “odor of alcohol,” or “slurred speech.”
Breath or Blood Tests showing BAC results or alleged drug presence.
Witness Statements from passengers or bystanders.

A skilled Chicago DUI attorney examines each piece of evidence to determine its admissibility. For example, if the officer lacked probable cause for the stop, any subsequent evidence may be suppressed under the Fourth Amendmentand Illinois Constitution Article I, Section 6.

Potential Legal Defenses to a Low BAC DUI Arrest

Defending a DUI case when you blew under 0.08% often focuses on proving that you were not impaired or that the officer’s interpretation of your behavior was wrong. Common defenses include:

Challenging the Legality of the Stop: The officer must have a lawful reason (reasonable suspicion) to initiate the traffic stop.
Attacking Field Sobriety Test Results: Environmental conditions, physical disabilities, or fatigue can cause “failure” even without intoxication.
Questioning Breathalyzer Accuracy: Machines require strict maintenance and calibration under Illinois Administrative Code, Title 20, Section 1286.200.
Medical Conditions: Diabetes, acid reflux, or hypoglycemia can mimic intoxication symptoms.
Lack of Probable Cause for Arrest: If your performance and demeanor did not reasonably indicate impairment, the arrest may be invalid.

These arguments can lead to dismissal, reduction to reckless driving, or outright acquittal. Every case depends on the evidence, the officer’s credibility, and the defense attorney’s ability to challenge the state’s claims.

The Importance of Hiring an Experienced Chicago Criminal Defense Lawyer

Many drivers mistakenly think they can handle a DUI case alone because their BAC was below 0.08%. Unfortunately, Illinois prosecutors do not see it that way. Without proper legal representation, you risk license suspension, higher insurance rates, and a criminal record that follows you for life.

An experienced Chicago criminal defense attorney brings several critical advantages:

Knowledge of Illinois DUI law and local Cook County court procedures.
Relationships with prosecutors and judges that can help secure better outcomes.
Ability to file motions, subpoena maintenance records, and cross-examine officers effectively.
Negotiation skills that may lead to reduced charges or diversion programs.

The earlier you involve a lawyer, the better your chances of avoiding harsh penalties and protecting your record.

Qualities to Look for in a Chicago Criminal Defense Attorney

When choosing a defense attorney in Chicago, look for:

Extensive trial experience in Cook County and surrounding jurisdictions;
Proven record of dismissed or reduced DUI cases;
24/7 availability, since DUI arrests often happen late at night;
Clear communication about fees, defenses, and realistic expectations;
Personalized strategy, not a one-size-fits-all approach.

At The Law Offices of David L. Freidberg, we combine decades of courtroom experience with personal attention. Every client works directly with an attorney, not just an assistant or paralegal.

Questions to Ask at Your Free Consultation

When meeting a potential attorney, consider asking:

How many DUI cases like mine have you handled in Chicago?
What defenses might apply in my situation?
What are the possible outcomes in my case?
Who will handle my case day-to-day?
How do you charge for your services?

The answers to these questions will help you gauge the attorney’s experience, honesty, and dedication.

Chicago DUI Defense FAQs (Under 0.08% Arrests)

Can I still be convicted if I blew under 0.08%?
Yes. Illinois law allows DUI charges if the officer believes your ability to drive safely was impaired, even with a lower BAC. Prosecutors often rely on field sobriety test results, video evidence, and officer testimony.

What happens to my driver’s license?
You may still face a Statutory Summary Suspension under 625 ILCS 5/11-501.1. You have the right to request a hearing to challenge the suspension.

Can I refuse a breath test in Illinois?
You can, but refusal triggers an automatic license suspension under the implied consent law. However, refusal can sometimes make the prosecutor’s case harder to prove in court.

Will my case go to trial?
Not always. Many low-BAC DUI cases can be resolved through dismissal or plea agreements. A seasoned Chicago defense attorney will evaluate whether trial is your best option.

Can a DUI under 0.08% be expunged?
DUI convictions in Illinois generally cannot be expunged, but if your case is dismissed or you’re acquitted, records may be eligible for expungement under 20 ILCS 2630/5.2.

Do I need to appear in court?
Yes. A DUI is a criminal offense requiring personal appearance unless your attorney receives special permission to appear on your behalf.

Can a prescription medication lead to DUI charges?
Yes. Even legal medications can form the basis of DUI charges if they impair your ability to drive safely.

What should I do immediately after a DUI arrest in Chicago?
Contact an attorney before speaking to police. Anything you say can be used against you. Request copies of your arrest reports and testing results for your lawyer’s review.

Why You Need a Chicago Criminal Defense Attorney Now

Even if your BAC was under 0.08%, your freedom, license, and reputation are still at risk. Prosecutors in Cook County pursue DUI convictions aggressively, and the court system is complex. Without an experienced lawyer, you could face unnecessary penalties, permanent record damage, and long-term consequences.

At The Law Offices of David L. Freidberg, we defend drivers across Chicago, Cook County, DuPage County, Will County, and Lake County. We understand Illinois DUI law inside and out, and we fight to protect your rights from the moment of arrest through the end of your case.

Call The Law Offices of David L. Freidberg 24/7

If you were arrested for DUI in Chicago even after blowing under the legal limit, call The Law Offices of David L. Freidberg immediately. We’re available 24 hours a day, seven days a week to protect your license, your record, and your freedom.

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.