What is a BAC .08+ DUI?

A BAC .08+ DUI is when police arrest you for driving with a blood alcohol concentration of .08 percent or higher.

In Illinois, you can get this charge based on breath test results, blood test results, or urine test results that show .08 or higher. The state does not need to prove you were actually impaired or driving dangerously - they just need to prove your blood alcohol was at or above the legal limit. This is called a "per se" DUI because the test result alone is enough for a conviction.

A BAC .08+ DUI charge can destroy your driving privileges and your future opportunities.

BAC .08+ DUI Penalties and Consequences

BAC .08+ DUI convictions in Illinois carry serious penalties that can affect your life for years.

Criminal penalties include:

• Jail time up to 364 days
• Fines up to $2,500 plus court costs
• Probation with strict conditions

License penalties include:

• Automatic license suspension when arrested
• License revocation for at least 1 year after conviction
• Ignition interlock device requirements

Other consequences include:

• Higher car insurance rates for years
• Difficulty getting jobs that require driving
• Problems with professional licenses

The exact penalties depend on your criminal history, whether you refused testing, and the specific circumstances of your arrest.

How We Help

When you are charged with a BAC .08+ DUI, you may feel worried, frustrated, and concerned about losing your license and your job.

You might be wondering:

• Can I challenge the breath test results?
• Will I definitely lose my license?
• How accurate are these machines?
• Can I still drive to work?
• Will this affect my insurance?
• Can I beat this charge?

These concerns are serious legal matters that require immediate attention. We understand that BAC .08+ DUI cases involve complex technical and legal issues because we have handled these types of cases throughout our practice. We know the legal procedures and court processes involved in these matters.

At McMahon Law Offices, we know the BAC .08+ DUI legal procedures, we know the judges, and we know the system. Our team includes a former prosecutor and a retired judge who understand how these cases are processed through the courts. We provide legal representation focused on protecting your driving privileges and ensuring proper legal procedures are followed.

The legal outcomes in these cases can include:

• Case dismissals when evidence is insufficient
• Not guilty verdicts when prosecution cannot prove guilt
• Reduced charges when circumstances warrant
• Protection of driving privileges
• Avoiding jail time through proper representation
• Ensuring all legal procedures are properly followed

We will provide professional legal representation and ensure all legal procedures are followed properly during this process.

BAC .08+ DUI Defenses We Use

There are many ways to defend against BAC .08+ DUI charges, and we know how to find and use every defense available in your case.

Common BAC .08+ DUI defenses include:

• Challenging breathalyzer accuracy and calibration
• Proving improper breath test procedures
• Attacking blood test chain of custody
• Demonstrating rising blood alcohol defense
• Challenging the traffic stop as illegal
• Proving mouth alcohol contamination
• Showing medical conditions affecting test results
• Demonstrating machine malfunction or errors
• Challenging officer training and certification
• Proving constitutional violations during arrest

Every BAC .08+ DUI case is different, and we examine every detail of your case to build the strongest possible defense strategy for you.

Why Choose McMahon Law Offices for BAC .08+ DUI Defense?

Former prosecutor Mike McMahon and retired judge Cary B. Pierce combine insider knowledge from both sides of the courtroom to defend your BAC .08+ DUI charges.

Former Judge & Prosecutor Advantage

We understand BAC .08+ DUI cases from prosecution, defense, and judicial perspectives. Mike McMahon's experience prosecuting hundreds of DUI cases shows us exactly what evidence prosecutors need and where cases fail.

Judge Pierce's 21 years on the bench gives us unique insight into how BAC .08+ DUI cases are decided and what influences sentencing. This dual perspective gives us advantages other attorneys simply don't have.

24/7 Emergency BAC .08+ DUI Help

BAC .08+ DUI arrests happen at all hours, and you only have 45 days to request a hearing to save your license. We're available day or night for jail release, emergency help, and immediate case review.

Our payment plans make experienced BAC .08+ DUI defense affordable when you need it most. Quality representation shouldn't be limited by money problems during crisis situations.

Proven Legal Experience

We have handled hundreds of BAC .08+ DUI cases throughout DuPage County, providing legal representation in accordance with established legal procedures. Our clients receive proper legal representation focused on constitutional protections and driving privileges.

Legal representation is important when driving privileges and criminal records are at stake. We provide experienced legal counsel based on our knowledge of these technical cases.

How We Defend Your BAC .08+ DUI Case

Our proven three-step process protects your rights and fights for the best possible outcome in your BAC .08+ DUI case.

1. Analyze Your Case

We immediately review all breath test records, police reports, and calibration logs to find technical errors and procedural violations in your case.

2. Challenge the Evidence

We attack breath test accuracy, police procedures, and constitutional violations to exclude evidence or create reasonable doubt about the test results.

3. Provide Legal Representation

We provide legal representation according to established legal procedures, always focused on protecting your driving privileges and ensuring proper legal processes are followed.

Client Reviews

Our clients tell the real story of how we defend people facing BAC .08+ DUI charges in DuPage County.

"Breath Test Suppressed - Case Dismissed"

"I blew .09 on the breath test and thought I was done. Mike McMahon proved the machine wasn't calibrated properly and got all the evidence thrown out. Case dismissed completely." - Robert T., Wheaton

"Beat .10 BAC at Trial"

"The breath test showed .10 but Judge Pierce proved to the jury that I had mouth alcohol from medication. Not guilty on all charges. I kept my license." - Jennifer M., Naperville

"Rising Blood Alcohol Defense Worked"

"I was barely over the limit but McMahon Law Offices proved my BAC was under .08 when I was actually driving. The alcohol was still absorbing. Case dismissed." - Michael D., Glen Ellyn

Frequently Asked Questions

Get answers to the most common questions about BAC .08+ DUI charges in DuPage County.

Can I challenge the breath test results?

Yes, breath test results can be challenged in many ways. We examine machine calibration, officer training, test procedures, and medical factors that can affect accuracy.

Will I automatically lose my license?

Not necessarily. You have 45 days to request a hearing to challenge the license suspension. We can fight to keep your driving privileges.

What if I was barely over .08?

Even being barely over the limit can be challenged. We look for rising blood alcohol, mouth alcohol, and testing errors that can create reasonable doubt.

Can medical conditions affect the test?

Yes, diabetes, acid reflux, dental work, and other medical conditions can cause false positive results on breath tests. We investigate all medical factors.

How much does a BAC .08+ DUI lawyer cost?

We offer free consultations and payment plans to make quality defense affordable. The cost of a lawyer is much less than the long-term costs of a conviction.

Contact McMahon Law Offices

Don't let a BAC .08+ DUI charge destroy your driving privileges and your future. Call us now for immediate help and a free consultation.

Get Help Now

Phone: 630-953-4400

Available: 24/7 for DUI arrests

Consultation: Free case review

Payment: Plans available

Call 630-953-4400 now for immediate BAC .08+ DUI help