Can a person be convicted of DUI in Illinois if their BAC is less than .08%?

In Illinois, a person can indeed be convicted of DUI even if their Blood Alcohol Concentration (BAC) is below the legal limit of .08%. This is because DUI laws consider not only the level of alcohol in a person's system but also the overall impairment of the individual’s ability to operate a vehicle safely. Factors such as erratic behavior, signs of intoxication, and the inability to perform standard field sobriety tests can lead to a DUI conviction regardless of the BAC reading.

Additionally, Illinois has provisions for "zero tolerance" laws for drivers under the age of 21, where any detectable level of alcohol can result in a DUI charge. Therefore, the ability to convict someone for DUI lies significantly in the totality of circumstances surrounding the incident and not solely on the BAC reading. Understanding this holistic approach helps emphasize that safe driving is paramount, and legal thresholds serve as guidelines rather than absolute cutoffs.