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Can I get charged with a DUI if my breathalyzer test was under.08?

I was pulled over after having just a couple drinks at a company fundraiser. I definitely was not drunk and did not refuse the breathalyzer when the officer asked. I blew a .04 but was still arrested. Is that legal?


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    Vincent C. Machroli | Law Office of Vincent C. Machroli, P.C.
    High Point Plaza
    Hillside, IL 60162-1949
    (708) 449-7400
    Yes, you can still be charged. You should schedule a consultation with an experienced DUI defense attorney. Once the case is resolved to your satisfaction, you'll be glad you paid the money to hire him/her & properly protect your legal rights.
    Answer Applies to: Illinois - Replied: 3/12/2013
    Carlos H. Davalos | The Law Office of Carlos H. Davalos
    1608 N. 16th Ave.
    Melrose Park, IL 60160
    (773) 312-0234
    Yes you can be arrested if from the officer's vantage point you appeared to be drving under the influence, irrespective of your BAC at the time.
    Answer Applies to: Illinois - Replied: 3/12/2013
    Harold L. Wallin | The Law Offices of Harold L. Wallin
    33 North Dearborn St
    Chicago, IL 60602
    (312) 346-7730
    It is legal as a DUI can be proved if you consumed any amount of alcohol that rendered you unable to drive safely. But you have a good case.
    Answer Applies to: Illinois - Replied: 3/12/2013
    Steven H. Fagan | Fagan, Fagan & Davis
    380 E Northwest Hwy - Suite 240
    Des Plaines, IL 60016
    (847) 635-8200
    Yes. In Illinois, there are a number of ways you might be charged with DUI. One is the "per se" violation of having a blood alcohol content of 0.08 or above while driving, but there are others, such as driving while impaired by any amount of alcohol, for example, and several others. The fact that your breath test revealed a result under 0.05 may help in your defense, but you should consult competent counsel familiar with the Court where your case will be hear as soon as possible. Here's a video that might help you understand, and there are more available if you have further questions - Drinking and Driving is NOT the same as DUI - Illinois DUI Lawyer Steve Fagan explains.
    Answer Applies to: Illinois - Replied: 3/12/2013
    Louis J. Meyer | Meyer & Kiss, LLC
    311 W. Stratford Drive
    Peoria, IL 61614
    (309) 713-3751
    You can still be arrested, but you have a great defense. You may also have a claim for a false arrest and malicious prosecution.
    Answer Applies to: Illinois - Replied: 3/12/2013
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