In 49 out of the 50 U.S. states, the legal blood alcohol content limit is .08 percent. When an individual is caught driving with a blood alcohol content above this limit, they are considered to be driving under the influence and can face criminal charges. For commercial drivers, the limit is just 0.05 percent alcohol. The amount of alcohol that it takes to be over the legal limit varies from person to person. Many different factors affect BAC, including body weight, the amount of alcohol consumed, food consumption, and the rate of alcohol consumption. For some people, it may only take two or three drinks to be over the legal limit.

However, understanding when a person is legally intoxicated is not this straightforward. In some cases, a defendant may be charged with DUI even if their BAC was below the legal limit when they were initially stopped by law enforcement. This is because BAC can continue to rise after consumption while still in the body, leading to an increased reading when tested at a later time. This phenomenon is known as “rising blood alcohol,” and it is sometimes used as a defense for DUI cases in court.

Field sobriety tests are standard tests used to measure an individual’s balance, coordination, and cognitive abilities. They are usually administered by law enforcement officers to determine if a person is under the influence of alcohol or drugs. Despite their widespread use, field sobriety tests have come under question in recent years for their accuracy in determining intoxication.

If you or a loved one are facing charges for driving under the influence (DUI) after failing a field sobriety test, contact a DUI defense lawyer for help.

Common Field Sobriety Tests

The three main types of field sobriety tests are the walk-and-turn test, the one-leg stand test, and the horizontal gaze nystagmus (HGN) test.

In Illinois, the criminal and administrative penalties associated with drunk driving charges increase with each subsequent DUI offense. For example, many first-time DUI offenders are eligible for court supervision. However, individuals accused of drunk driving for the second time are not typically eligible for supervision. There are mandatory minimum penalties for second-time DUI offenders, including five days in jail or 240 hours of community service.

Defending yourself against DUI charges is especially important if you received a DUI in the past. If you or a loved one were arrested for drunk driving for the second time, make sure to contact an experienced DUI defense lawyer for help.

Second DUI Defense Options

When you are facing DUI charges, it is important to know that you have options. An experienced lawyer will be able to review the facts of your case and help you develop the best possible defense strategy for your situation. Some common defenses to DUI charges include:

More and more adults are paying close attention to the way their diet influences their health. Low-carb diets like the keto diet and carnivore diet are becoming increasingly popular – especially for those with chronic medical problems. Because these diets change the body’s chemistry and release certain chemicals into the bloodstream, there has been some concern regarding the diets’ effect on alcohol breath tests or breathalyzers. Many people wonder if being on the keto diet can increase their chances of being accused of drunk driving.

Drunk Driving Charges and Ketones

Breathalyzers or breath tests measure how much alcohol is on a person’s breath. Roadside breathalyzer tests are used as a preliminary screening measure and often provide police probable cause for a drunk driving arrest. Evidentiary breath tests are conducted at the police station and often play a crucial role in driving under the influence (DUI) cases.  

When someone is on a diet that restricts or eliminates carbohydrates, the body breaks down fat in the body and uses the fat as fuel. A ketone called acetone is released during the fat-burning process. This may cause a person’s breath to contain isopropyl alcohol. Low-quality breathalyzers may not be able to differentiate between isopropyl alcohol produced naturally by the body and ethanol alcohol from wine, beer, or liquor. This can cause a breath alcohol test to show an inflated blood alcohol concentration (BAC).

Driving under the influence of alcohol, leaving the scene of an accident resulting in injury, drag racing, and other criminal offenses can result in the revocation of a person’s driver’s license. Unlike a driver’s license suspension, driver’s license revocation is indefinite. You cannot simply pay a fine and get your license back after the suspension period is over. To reinstate a revoked license and regain driving privileges, you will need to attend a formal or informal Secretary of State hearing.

Informal Secretary of State Hearings

If you were arrested for a first-time DUI offense, you will likely be able to attend an informal Secretary of State hearing. Informal hearings are held at DMV locations throughout the state. You do not need to schedule the hearing in advance. Informal hearings are held on a walk-in basis. You will meet with a hearing officer for the Secretary of State and demonstrate to the hearing officer that you have taken the required steps to reinstate your license.

The steps you must take to reinstate your driver's license depend on the results of your drug and alcohol evaluation, criminal history, and driving record. Someone with only one DUI on their record and no signs of alcohol dependance may only need to attend 10 hours of DUI risk education classes to qualify for reinstatement. On the other hand, someone suffering from alcoholism or alcohol dependency may need to complete dependency treatment or substance abuse treatment before they can get their license back.