High BAC DUI (0.16 or More) in Will County
An alcohol concentration of 0.16 or more is twice the 0.08 legal limit. For a first DUI with a reading that high, Illinois adds a mandatory minimum fine of $500 and a mandatory minimum of 100 hours of community service. The extra penalties grow with each later offense.
Your deadlines
- Day 46. Your statutory summary suspension starts, counted from the day you got the notice.
- Day 90. The last day to file a petition to rescind that suspension.
What happens next
- You take a breath or blood test and the result is 0.16 or higher.
- The officer notes the number on your ticket and the paperwork.
- The state charges DUI and may add the high reading as a penalty issue in the case.
- Jeff asks for the test records, the device records and the officer's training information.
- He looks at whether the number holds up before you decide how to answer the charge.
What the statute adds
| Offense | Added minimum when the reading is 0.16 or more |
|---|---|
| First | 100 hours of community service and a $500 fine |
| Second | 2 days of imprisonment and a $1,250 fine |
| Third | 90 days of imprisonment and a $2,500 fine |
| Fourth, fifth, sixth or later | A $5,000 fine |
These come with any other penalty. This is section 11-501(c)(4) and (c)(5) for first and second offenses and (d)(2) for the felony levels.
How the number is measured
The 0.16 line applies to the alcohol concentration in blood, breath, other bodily substance or urine, using the units in section 11-501.2. Alcohol concentration means grams of alcohol per 100 milliliters of blood, or per 210 liters of breath.
Because the extra penalties switch on at a single number, the exact figure matters. A reading of 0.15 and a reading of 0.16 are treated very differently under this law.
The offense count in the table is not limited to Illinois state cases. The statute says a prior violation includes a local ordinance violation, a similar offense in another state and an offense committed on a military installation. So a record from elsewhere can move you into a higher row, and Jeff asks about every earlier arrest at the start.
Arrested for DUI? Call Jeff now.
The license clock starts the day you get the notice. During office hours, Jeff answers the phone himself.Office hours: Monday to Friday 8:30 AM to 6 PM, Saturday 10 AM to noon. After hours, leave your name, number and the best time to call back.
Jeff McCarthy, Inspired Law Group, 136 E 9th St, Lockport, IL 60441
What to ask for in the test records
Illinois law gives you tools to look closely at a high reading. A chemical analysis counts as valid under section 11-501.2 only if it was done under State Police standards, by a person with a valid State Police permit or by one of the licensed medical people the statute lists. Blood must be drawn by a physician, nurse, phlebotomist, paramedic or another person approved by the State Police.
You also have a right to full information about the test on request, and to have your own doctor or qualified technician run an additional test. If you could not get an extra test, the first result can still be used. So the paperwork, the permits and the dates are all worth checking before you accept a number.
Other consequences of a high reading
A test of 0.08 or higher brings a statutory summary suspension, which begins on the 46th day after notice. A first offender who tested over the limit faces 6 months. A conviction means the Secretary of State revokes the license. The court can also order an alcohol evaluation and treatment, and can require a victim impact panel.
How Jeff defends this charge
- He asks for the machine records, the test sheets and the operator's training.
- He checks that the test followed the State Police standards and was run by a person with the right permit.
- For a blood test, he reviews who drew it, how it was stored and how the lab analyzed it.
- He compares the testing time with the driving time.
- He asks for full information about the test, which the law says you or your lawyer may request.
- He looks for a result that lands near the 0.16 line, since a small change in the number can remove the mandatory penalties.
No result is promised. Past cases do not decide yours.
Sources
Reviewed by Jeff McCarthy, Attorney, Inspired Law Group, 136 E 9th St, Lockport, IL 60441.
Questions people ask about high bac dui
Short answers first. Jeff McCarthy reviews every answer on this page.
For a first DUI, the statute adds a mandatory minimum fine of $500 and a mandatory minimum of 100 hours of community service. A second offense adds 2 days of imprisonment and a $1,250 fine.
Yes. The legal limit is 0.08, and 0.16 is double that. The law attaches extra mandatory penalties at 0.16.
A first or second DUI is a misdemeanor unless something else makes it aggravated. A third DUI is a felony, and a reading of 0.16 or more at the third offense adds 90 days of imprisonment and a $2,500 fine.
The suspension lengths in the statute depend on offenses and refusals, not on how high the number was. The extra high BAC penalties are fines, community service and jail minimums.
Yes. The law requires testing to follow State Police standards, and you may ask for full information about the test.
If you are found guilty of DUI, you can be liable for the cost of the blood withdrawal, up to $500, when police asked for it after a refusal or for suspected drugs.
Yes. The statute says a prior violation includes a similar offense under another state's law, a local ordinance or a military installation offense.
Keep reading
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Every case comes down to its facts and its deadlines. Talk with Jeff McCarthy so you can:
- Get clear on your legal options.
- Avoid costly mistakes.
- Know what happens next, and when.
