Better yet stay home and drink...it is way cheaper and obviously safer.

Some idiots don't care! They will still drive drunk.

The sad part is the cops are some of the drunkest ones on the road. I dated a cop for a few years he was really bad and pulled over and let go so many times. I was afraid to get into his car with him.

What a horribly irresponsible article to publish.
Officers can, AND OFTEN DO, issue DUI arrests when a person is under the legal limit(.08).

If the cop 'feels like it', they can make the claim you are impaired and arrest you, even if you have less than a .08 BAC. It is his word against yours.

And in Kendall county, that means it is the 'word' of a department that sees no problem in keeping an officer on the force for pulling a loaded gun on an unarmed pregnant woman in a grocery store, against your word. The deck is already stacked against the innocent with 0.00 BAC in Kendall County.

Tim learn DUI procedure and laws, If an Officer stops someone for alledge DUI and finds the slightest probable cause, you get arrested! After a person is stopped the Officer has no idea what the BAC is, thus field sobrity test to determine P.C. The Officer doesn't know ones BAC until the person consents to a breath test, if one refuses a test, you know darn well they are DUI. If the BAC is under .08 the charges will be dismissed. Learn before you speak.

Despiser, perhaps you need to learn DUI procedure and laws, police officer almost always carry with them a PBT (portable breath test) Which is administered on the scene and is taken into consideration BEFORE an arrest is made. While the results of the PBT are not admissible at trial, they are admissible at the Statutory Summary Suspension Hearing as well as a Motion to Quash Arrest in determining probable cause. The simple fact someone's BAC does not at all mean a charge will be dismissed. Prosecutors can and do proceed on DUI charges under .08, especially in Kendall County. When it comes to alcohol there are two types of DUI charges, per se (any thing over .08) and impairment (any amount of alcohol consumed can result in a finding of guilty if the State can prove impairment, for example, a person who has been up all day, hasn't eaten anything, alcohol will effect someone like that more than someone who had 2 beers on a full stomach and is fully awake)

sorry left out a part
"The simple fact someone's BAC is under .08 does not mean charges will be dismissed"

Unfortunately a majority of Police Dept's. that have a PBT are usually with the traffic officer/division and the rest of the Officers w/o them must rely on observation and FST for P.C. I didn't say 100% of DUI's under.08 are dismissed. The ones that usually don't get dismissed are do to extenuating circumstances such as a traffic accident with or without injuries , hit and run, fleeing and eluding or previous DUI convictions. But a majority with a clean or stellar driving/criminal record will get the charges dismissed if well below .08

Most cops wont write a blow below .08 unless there is something else going on, you are correct, an accident, priors, being an ass to the cop, etc. Depending on the County, they will generally go away with either a stipulated bench trial, reduced charges, etc. Unless the State is really gunning for someone and bring in an expert to do an extrapolation, and try to prove up the BAC at the time the person was behind the wheel, not an hour or so later when the test is actually given

Tim that is 100% not true, Illinois statute clearly states that a blow below .04 is presumed to be not under the influence of alcohol, whether you fail the fields or not, no one is going to be convicted of a DUI for blowing that low, unless they are under the influence of a controlled substance as defined by statute. You only lose your license for 12 months if you are a first offender (no dui's in the past 5 years) and refuse a breath test, other wise you are suspended for 6 months if you take the test. And with no prior DUI's you wont be convicted anyways. It's extremely rare to lose a DUI if you blow below a .08 whether you fail the field sobriety tests or not.

Procedure in a DUI is PC for a stop, FST and observation. If there is the slightest PC , subject is arrested and taken to the P.D. for processing. The Officer than has to issue the proper citations , warning to motorist and keep proper observation of the arrestee until the breath test. The copy of the warning and citations are given to the arrestee and they are asked if they wish to take a BAC test or a blood test and if they refuse , they are given a summary suspension and booking is complete and released on a recog. or cash bond of 3,000/10%. If one does take the BAC test and it's under .08 the person is still processed and it's up to the court to dismiss all charges. Also FST on the street does not have to be preformed if the arrestee is incapable of performing the test due to safety concerns. I'm very aware of procedure.

Agreed and true D.A. , refuse a DUI test and it's usually a twelve month suspension, but not ways the case and take the test it's a six month summary suspension.

and what the cops dont tell you is you can challenge the suspension, and have that thrown out, no fields no blow, and you greatly increase the chances of beating the suspension and even more so increase the chances of beating the DUI

Best thing ever to happen with DUI's is the squad camera, many a time all it takes is to show the judge the video and its a NG, and there are many times client professes how sober they were, and you show them the video, and it's a quick plea

True, but if the camera shows the driver falling and stumbling and slurring his speech, then what? Guilty. Also anyone can challenge a DUI and summary suspension, but it also depends how well versed and articulate a Police Officer is in his FTS and report writing and observations. Then it's up to the expertise and knowledge of a prosecuting attorney or defense attorney or the actual stupidity of many judges that hear DUI cases and dismiss them.

Here's your source Tim, its called the law in Illinois
625 ILCS 5/11-501.2(b) excuse me if I said .04 it's .05, I've seen it once in 15 years, sorry if I was off a little. How long have you been practicing law Tim, what courtroom experience do you have as a prosecutor or defense attorney? You knowledge of the law seems quite skewed:

Straight from the Legislature:

1. If there was at that time an alcohol concentration

of 0.05 or less, it shall be presumed that the person was not under the influence of alcohol.
2. If there was at that time an alcohol concentration

in excess of 0.05 but less than 0.08, such facts shall not give rise to any presumption that the person was or was not under the influence of alcohol, but such fact may be considered with other competent evidence in determining whether the person was under the influence of alcohol.

I was a prosecutor for 5 years in DuPage county, one of the strictest counties in the State for DUI's I've defended DUIs for 10 years throughout the State, dui's below .08 probably make up less than 5 percent of the thousands of DUI's prosecuted in the greater chicago land area, and out side of an accident, are quickly dismissed at trial, if they even get that far

Tim anyone charged and convicted with DUI with a BAC at .01 was either in a fatal traffic accident or has many many DUI convictions. The average Joe with a spotless record will never see a DUI conviction otherwise. I suggest you go and see a few DUI trials and see how they work out.

As the old saying goes "how does a women hold her liquor?" Any guesses!

And Tim if anyone is in fact convicted with DUI at .01 it's downgraded to reckless driving.

Ignore facts ignore the law, that's fine, you win the F. Lee Bailey award, you have a strong grasp of a presumption of sobriety and what that means, as well as the fact it's I believe the only place in the criminal code where a presumption of not having violated the law exists, outside of one's general presumption of innocence. I won't ask you to provide me the reams of case law that exists in your world of DUI convictions for people that by statute are presumed sober, but I'm sure you have it. Outside of Obama's example of a DUI fatality, where the defendant's blood was taken hours after the accident, and an expert can put together when alcohol was consumed, how much, what was eaten, and extrapolate those results to show the BAC was a .08 or higher at the time the defendant was behind the wheel, and that it was only .05 or lower at the time of the test due to the body having metabolized the alcohol, you won't ever see it.

Good thing Tim wasn't this guys attorney http://www.suntimes.com/news/metro/6599485-418/glen-ellyn-man-sues-naperville-police-claims-false-dui-arrest.html

Agreed.

I bet a few guys here can get to .20 on only four drinks. Isn't that special!

Wow.