Zuba & Associates, P.C.

Police say Illinois man had a BAC of .358 percent

A 46-year-old Illinois man has been charged with two counts of drunk driving after toxicology testing allegedly revealed his blood alcohol level to be more than four times the state's legal limit. Police say that the Chicago resident's breath test produced a reading of .358 percent. The limit is .08 percent.

Police pulled the man's vehicle over after observing it weaving between lanes and striking a curb. Reports indicate that a motorist who was concerned about the man's erratic driving called 911 and followed the vehicle until police arrived. Officers ordered the man to take part in a series of field sobriety tests after smelling the odor of alcohol coming from the car and noticing open beer cans and an open liquor bottle within.

A breath test was ordered after the man allegedly performed poorly during the field sobriety exercises, and the man was taken into custody and transported to a Riverside Police Department facility for processing. However, officers say that the man was so intoxicated that paramedics were called to the scene to take him to a nearby hospital with suspected alcohol poisoning. The breath test was performed after the man had been returned to police custody according to reports.

The penalties for drunk driving may be enhanced in Illinois when motorists are taken into custody with blood alcohol levels of .15 percent or higher, but the toxicology tests used to determine these levels are not always reliable. Experienced criminal defense attorneys may seek to have DUI charges dismissed or reduced when breath testing equipment has not been properly maintained or blood samples could have been mishandled.

Source: The La Grange Patch, "Drunk Driver Blows Four Times The Legal Limit: Cops", Patch staff, Dec. 26, 2017

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