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‘3-tier system’ for Illinois DUI

Updated: July 21, 2011 9:00AM

Even if you blow less than a .08 on a Breathalyzer test, it’s possible in Illinois to be charged and convicted of drunken driving.

There’s a “three-tier system” in Illinois, DUI defense attorney Donald Ramsell said.

“If you blow a 0.0 to a .04, there is a presumption you are innocent,” Ramsell said. “.04 to .07, there is no presumption either way, but they can use the result as one piece of evidence among many to try to show you’re guilty. A .08 or above, the presumption is that you are under the influence.”

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