Illinois DUI Law 625 ILCS 5/11-501(a)(1) is one of the sections of the code under which a motorist can be charged with DUI. Police and prosecutors can choose to include one or several different sections to charge, depending on the evidence they believe they have.
Illinois DUI Law 625 ILCS 5/11-501(a)(1)
The law generally states that "a person shall not drive or be in actual physical control of any vehicle within this State ...." and this first section of the Illinois DUI law explains the rest of this offense:
(1) the alcohol concentration in the person's blood, other bodily substance, or breath is 0.08 or more based on the definition of blood and breath units in Section 11-501.2;
The components, or elements of the offense as lawyers refer to them, can be broken down further. For example, driving and physical control are not the same thing. The term "actual physical control" is more a term of art than plain language in Illinois, as courts have held that a judge or jury could find a person is in actual physical control simply by being somewhere in a vehicle with the keys in their pocket. That doesn't mean the judge or jury has to make that finding, but the appellate courts have found that a supportable conclusion.
In this particular section, the amount of measurable alcohol in a person's blood, breath or "other bodily substance" is the issue. The prosecution can use any method of measurement approved by the law in Section 11-501.2. This includes a blood draw, or more commonly, use of an approved breath test machine. A result of 0.08 or more measured as defined in the law creates a legal presumption (which can be overcome) and triggers this section of the statute under which the prosecution can proceed. Usually, the 11-501(a)(2) section is charged in addition to section 625 ILCS 5/11-501(a)(1) on the Illinois DUI law.
There are ways to legally challenge the results of a breath, blood or other chemical test, and DUI cases have a lot of components that merit careful scrutiny by a qualified Illinois DUI lawyer, so one should not immediately assume a result of 0.08 or more automatically requires a guilty plea.
Give us a call to see if we can help with your 625 ILCS 5/11-501(a)1 defense.