This Chicago DUI attorney thinks its time to remind you that it is not illegal to consume alcohol and then drive. Have you ever had beer at a game and then driven home afterwards? How about a glass of wine after work with colleagues before driving home for the night? What about all of those fantastic wedding receptions you attend with, OPEN BAR? You do have one or two drinks before going home after a night of celebrating, don't you? All of those common situations could get you charged with a DUI. In Illinois, we have a jury instruction that provides that a person is NOT under the influence of alcohol if their BAC is under .05. Still this creates a reality that flies in the face of many accused of the crime of Driving Under the Influence of Alcohol. There is also significant case law in Illinois that permits one to be found guilty of the crime of Driving Under the Influence of Alcohol when there is NOT a BAC over the legal limit of .08. That area includes cases where there isn't any BAC as well as cases where the BAC is over .05 but under the per se legal limit of .08. That's right you can be found guilty of a DUI even if you submit to blood, breath, or urine testing and the result is above .05 but under the legal limit of .08. This Chicago DUI attorney tells her friends and family that the best way to avoid needing her services is to avoid having any alcohol if you are going to drive. Yes, I know that's not the law. // //
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