In every state except Utah, the blood alcohol concentration (BAC) limit for per se DUI crimes is 0.08. Some states, however, recently introduced legislation to lower the BAC limit for per se violations of DUI laws to 0.05. Washington state recently contemplated a measure to reduce the per se DUI limit but the bill ultimately failed. Similar legislation is currently pending in New York as well. While the Illinois legislature has not drafted legislation to lower the BAC limit for DUI offenses, it is possible that such a bill could be introduced in the years to come. If you are faced with Illinois DUI charges, it is wise to contact an Illinois DUI defense lawyer to determine what defenses you may be able to set forth.
The New York Bill
Reportedly, New York State is currently considering a bill that would significantly alter the state’s DUI law. The bill proposes a number of changes, including reducing the (BAC) limit for per se DUI charges from 0.08 to 0.05, which would put New York in line with Utah. The bill also includes a provision that would lower the BAC limit for aggravated DUI offenses from 0.18 to 0.12.
Proponents of the bill argue that these changes are necessary to improve road safety and reduce the number of DUI-related accidents and fatalities in the state. However, opponents of the bill have raised concerns about the potential impact on civil liberties and due process. Continue reading →