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Have You Been Charged With A DUI?

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Our Illinois DUI statute can be found in 625 ILCS 5/11-501 and states in part:

Sec. 11-501. Driving while under the influence of alcohol, other drug or drugs, intoxicating compound or compounds or any combination thereof.

  • A person shall not drive or be in actual physical control of any vehicle within this State while:
    1. the alcohol concentration in the person’s blood or breath is 0.08 or more based on the definition of blood and breath units in Section 11-501.2;
    2. under the influence of alcohol;
    3. under the influence of any intoxicating compoundor combination of intoxicating compounds to a degree that renders the person incapable of driving safely;
    4. under the influence of any other drug orcombination of drugs to a degree that renders the person incapable of safely driving;
    5. under the combined influence of alcohol, other drug or drugs, or intoxicating compound or compounds to a degree that renders the person incapable of safely driving; or
    6. there is any amount of a drug, substance, or compound in the person’s breath, blood, or urine resulting from the unlawful use or consumption of cannabis listed in the Cannabis Control Act, a controlled substance listed in the Illinois Controlled Substances Act, an intoxicating compound listed in the Use of Intoxicating Compounds Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection Act.
  • The fact that any person charged with violating this Section is or has been legally entitled to use alcohol, other drug or drugs, or intoxicating compound or compounds, or any combination thereof, shall not constitute a defense against any charge of violating this Section.
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