Breathalizer test
I blew a 0.63 and they wrote me up for a dui and told me it would be thrown out of court and this was my second dui whats the worst that can happen and will they throw out the dui
2 Answers from Attorneys
Re: Breathalizer test
I assume you meant .063. That is below Illinois' limit of .08, and it means that there is no presumption that you were under the influence of alcohol, but it does not mean that the case will automatically be thrown out. Depending upon your driving and performance on the field sobriety tests, a judge may conclude that you were under the influnece. The presumption that you were not under the influence is created by breath results of less than .05. You certainly should have counsel to represent you, in that if this is your second, a conviction will result in the revocation of your license. For further discussion, I can be reached at 630-243-0099.
Re: Breathalizer test
I think that you are probably operating under a misconception. You see, there are actually two Illinois DUI laws, the "per se" law, which is when you "blow" more than .08 on the machine, and the "regular" statute; they can prosecute you under the second, even though you did not "blow" .08. I believe that you should have experienced counsel represent you.
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