Chicago Criminal Lawyer Blog
Illinois has strict DUI laws, and being charged with driving under the influence can have serious, lasting consequences. However, defenses are available for those accused of DUI, and one lesser-known but potentially effective strategy is the rising BAC (blood alcohol concentration) defense. This defense hinges on the science of how alcohol metabolizes in the body and argues that a driver’s BAC may have been below the legal limit while they were actually driving, only to rise above the limit by the time they were tested. If applied correctly, the rising BAC defense can be a critical factor in securing a favorable outcome in Illinois DUI cases.
Illinois DUI Laws and BAC Limits
Under 625 ILCS 5/11-501, Illinois law prohibits driving with a BAC of 0.08% or higher for non-commercial drivers. The law is even stricter for commercial drivers, with a limit of 0.04%, and for those under 21, where any detectable BAC level is grounds for a DUI under the state’s Zero Tolerance law.
