Understanding DUI Arrests Based on Officer Observations
Many people assume that a DUI arrest in Illinois only happens if a driver fails a breathalyzer test. However, this is far from the truth. Illinois law allows police officers to arrest individuals for DUI based solely on their observations of impairment—even if the driver has not failed or even taken a breathalyzer test.
A driver can be charged with DUI under 625 ILCS 5/11-501 if an officer believes they are impaired by alcohol, drugs, or a combination of both. This means that even if your BAC (Blood Alcohol Concentration) is below the legal limit of 0.08%, or if you refuse testing altogether, you can still be arrested and prosecuted for DUI.