Illinois Considers Proposal for Strictest Blood Alcohol Concentration Limits in the Nation
Recently it was announced that Illinois lawmakers are currently considering a bill that would amend the Illinois Vehicle Code to lower the presumptive Blood Alcohol Concentration (BAC) limit for Driving Under the Influence (DUI) from 0.08% to 0.05%. In effect, this would lower the alcohol limit for driving in Illinois to the lowest in the nation, tied with the state of Utah which already sets the alcohol limit for driving at 0.05%. Supporters argue that this lower limit could save lives and protect the public while critics could point out that BAC does not correlate perfectly with actual impairment. Individual tolerance, body composition, food intake, and other known variables mean that even a 0.05% reading does not tell a uniform story across all drivers for potential impairment. Already under current Illinois law, a driver can be convicted of DUI if their BAC is between 0.05% and 0.08%, provided an officer also notes signs of impairment. Currently the Illinois Pattern Criminal Jury Instruction 23.30 instructs in pertinent part that, “If you find that at the time the defendant [(drove) (was in actual physical control of)] a vehicle that the alcohol concentration in the defendant’s blood or breath was more than 0.05 but less than 0.08, this does not give rise to any presumption that the defendant was or was not under the influence of alcohol. You should consider all of the evidence in determining whether the defendant was under the influence of alcohol.” Lowering the legal limit could lead to increased arrests and litigation over these marginal cases with more challenges to breathalyzer readings and/or testing accuracy in instances where a driver shows no outward signs of impairment but registers a reading that would be legal under the current law in Illinois and virtually across the entirety of the nation.
Issues in Testing for Drivers Under the Influence of Cannabis
Even as the alcohol debate plays out in Springfield, a parallel and in some ways more complex challenge is unfolding across the country in regards to drivers under the influence of marijuana as the drug becomes legal in more states. Although driving while impaired by marijuana is illegal, testing for the level of “intoxication” from marijuana remains an issue for law enforcement. Unlike alcohol, where a breathalyzer reading can closely correlate with the level of intoxication, THC, the active intoxicant in marijuana, can remain detectable in a person’s blood or saliva for hours or even days after the high has passed. In some instances, metabolites of marijuana will be detectable for weeks. While testing of saliva and blood for THC levels is generally accurate, Cinnamon Bidwell, an associate professor of psychology and neuroscience at the University of Colorado Boulder, says that, “We’re working on reliable ways to detect it in breath,” before candidly admitting that “But what does that mean? And is there a level that means somebody recently used or that somebody is actively impaired? The data aren’t there yet.” Without a reliable correlation between THC levels and actual impairment for roadside testing, there is a real risk of punishing people who used cannabis legally in their state and were no longer high or under the influence when they drive and potentially get arrested under current laws. Many states have piloted saliva tests or other methods for checking THC levels, with some researchers in Illinois developing apps for law enforcement to roadside test the cognitive abilities of a driver. However, issues remain with enforcement of the law and the subjective standards of any officer in assessing drivers for marijuana impairment in any traffic stop. If you or someone you know has been arrested for DUI, whether alcohol or drug related, the importance of retaining experienced legal counsel cannot be overstated. The science is evolving, laws are in flux, the stakes are high and your liberty is at stake for anyone accused of driving under the influence.
