Illinois DUI Lawyer Blawg
In Illinois, as in most states, people can be charged with per se DUI crimes if their blood alcohol content (BAC) exceeds the legal limit, which is usually 0.08%. In many states, though, people can also be charged with DUI offenses regardless of their BAC if they operate a vehicle after consuming alcohol or drugs to the point that it impairs their ability to drive safely. This was demonstrated recently in Massachusetts when a man was arrested and charged with DUI despite a BAC below the legal limit. If you are accused of a general DUI offense, it is important to understand your rights, and you should consult an Illinois DUI defense lawyer.
Massachusetts Man’s General Impairment Arrest
It is reported that recently, a 73-year-old man from Boston, Massachusetts, was charged with a general impairment DUI offense. The incident occurred when the man, driving a 2018 Audi, allegedly failed to come to a complete stop at an intersection around 9 p.m. on January 4. Law enforcement reported that upon stopping the vehicle, they observed characteristics suggestive of impairment, such as glassy eyes and lethargic mannerisms.
Allegedly, although the man admitted to consuming “a few beers,” subsequent breathalyzer tests revealed blood alcohol content levels of .073 and .064, both below the legal limit of .08. Despite the BAC results, he was still charged with DUI initially but later accepted the reduced charge of reckless driving. As part of his sentence, he has been placed on probation for six months and is required to complete 50 hours of community service.
General Impairment DUI Charges Under Illinois Law
Under Illinois law, DUI charges can be levied based on general impairment, irrespective of whether the driver’s blood alcohol content (BAC) exceeds the legal limit of 0.08%. This means that even if a driver’s BAC is below the threshold, they can still be charged with DUI if they exhibit signs of impairment that affect their ability to safely operate a vehicle. Signs of impairment can include erratic driving behavior, slurred speech, impaired coordination, or failing field sobriety tests.
Law enforcement officers in Illinois are trained to assess impairment based on observable behavior and physical symptoms, allowing them to make DUI arrests without necessarily relying solely on BAC levels. In order for the prosecution to establish guilt for general impairment DUI offenses, they will typically rely on testimony, video evidence, or witness statements that the driver’s impairment was sufficient to impair their ability to drive safely.
Consult with a Skilled Illinois DUI Defense Attorney
People charged with DUI offenses can face severe consequences, particularly if their BAC level is elevated at the time of arrest. If you are facing DUI charges, it is wise to consult with an attorney to assess your possible defenses. Attorney Theodore J. Harvatin of the Harvatin Law Offices, PC, is a seasoned DUI defense lawyer who can assist you in taking the necessary steps to seek a favorable outcome. You can reach Mr. Harvatin to schedule a consultation by calling 217.525.0520 or using the online contact form.