Questions About The Legal Alcohol Limit In Chicago
Your blood alcohol content is a measure of the amount of alcohol in your system per milliliter. Every state in the U.S. has the same legal limit on both alcohol and drugs. Common questions about legal alcohol limits include:
- What is the legal limit of alcohol in Chicago? As in all states, the legal limit is .08 for alcohol and zero tolerances for any other drug. This limit applies to all vehicles, including boats, snowmobiles and airplanes.
- What is the limit for other substances besides alcohol? Illinois has a zero tolerance law for any drug. That means that if you have ingested any amount of cannabis or other illegal substance, you can be charged with criminal driving while intoxicated.
- ow will they test for they limits? It depends on what substance you are being tested for. If you are being tested for alcohol, the officer has three choices: breath, blood and urine. The officer makes the choice as to which test you will take, and in fact can require you to take all three.
A breath test cannot test for illicit drugs, so if you are being tested for an illegal substance or drug, you will most likely be asked to take a blood test as these are the most accurate for these substances. On interesting point about blood tests: In recent rulings, the U.S. Supreme Court has hinted broadly that blood tests are best administered after a search warrant has been executed.
Though the Court did not summarily state that all blood tests conducted without a warrant would be thrown out, they did indicate that with the ability for officers to quickly obtain these warrants, to protect the prosecution of the case, they would be wise to do before commencing the test.
- Can I refuse the test? Unless you are unconscious, you have the right to refuse any chemical test. If you are unable to agree to or assist in the test because you are incapacitated, an officer can make a decision under extreme and urgent circumstances to require a clinic or hospital to perform the test. Absent some very unique circumstances, this decision will most likely be upheld by the courts.
- If I don’t agree with the results do I have the right to a re-test? Yes, you have the right to a re-test and this is why it is especially important to contact a skilled, experienced DUI attorney as soon as possible. Blood and urine samples may be discarded if a defense attorney does not immediately contact the testing facility.
