Main Type of Chicago DUI Offenses

Section 11-501 ILCS

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 compound or combination of intoxicating compounds to a degree that renders the person incapable of driving safely;
  4. under the influence of any other drug or combination 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.

Driving Under the Influence (“DUI”) is defined as operating a motor vehicle while impaired by alcohol, other drugs or intoxicating compounds and methamphetamine. In Illinois, a driver is legally considered to be under the influence if he/she has a blood-alcohol concentration (BAC) of .08 or more, has used any illegal substance, or is impaired by medication. However, an individual with a BAC between .05 and .08 may be convicted of DUI if additional evidence determines that the driver was impaired

Impairment offense:

The state must prove that a person operated a motor vehicle in Ohio after having consumed some alcohol, drugs of abuse, or a combination of the two and their ability to operate the motor vehicle was impaired.

“Per se” offense:

To be convicted of a per se offense, the state must prove that a person operated a motor vehicle in Ohio and that at the time of operation (not the time of the test), the person had a prohibited concentration of alcohol or drugs in their blood, breath or urine.