Illinois Lawmakers Consider Lowering Legal Blood Alcohol Limit to 0.05

Illinois lawmakers are currently considering a significant change to DUI laws that could impact thousands of drivers across the state. As of January 2026, Illinois House Bill 4333 proposes amending the Illinois Vehicle Code to lower the presumptive alcohol concentration for driving under the influence (DUI) to 0.05, down from the current legal limit of 0.08.

If passed, this proposal would represent one of the most substantial shifts in Illinois DUI law in decades and could dramatically change how DUI cases are investigated, charged, and defended.

What House Bill 4333 Would Change

Under current Illinois law, a driver is presumed to be under the influence when their blood alcohol concentration (BAC) is 0.08 or higher. House Bill 4333 proposes lowering that presumptive level to a BAC of 0.05.

The proposal would not only affect the criminal statutes governing DUI but would also affect the Illinois Summary Suspension and Summary Revocation laws governing those who submit to and fail chemical testing by also lowering the BAC to 0.05 and the consequent loss of driving privileges.

According to the Illinois General Assembly, the proposed amendment would apply broadly across multiple types of vehicles, including:

• Motor vehicles
• Snowmobiles
• Boats and other watercraft

This means that both motor vehicle drivers and recreational operators could be subject to stricter DUI enforcement standards if the law is enacted.

Understanding “Presumptive Alcohol Concentration”

It is important to understand that the DUI law does not rely solely on visible impairment. The “presumptive” BAC level creates a legal threshold where prosecutors may rely heavily on chemical testing results rather than subjective observations of a driver’s behavior.

Lowering the presumptive limit to 0.05 would likely:

• Increase the number of drivers facing DUI charges
• Increase the number of statutory summary suspensions
• Increase litigation due to borderline BAC levels

Why Lawmakers Are Considering a Lower BAC Limit

Supporters of the bill argue that impairment begins well below 0.08. They claim that research indicates that reaction time, decision making, and coordination can be affected even at relatively lower levels of alcohol consumption.

Proponents believe lowering the limit could:

• Reduce alcohol related crashes and fatalities
• Encourage safer driving behaviors
• Align Illinois with stricter international standards, where 0.05 limits are more common

Utah is the only state in the country that has actually adopted a 0.05 BAC limit, but  similar proposals have been discussed in other states.

Potential Benefits of a 0.05 BAC Limit

1. Increased Deterrence

A lower legal limit may discourage drivers from consuming alcohol before driving, potentially reducing risk taking behaviors.

2. Earlier Intervention

Law enforcement could intervene earlier when alcohol impairment may begin, possibly preventing more serious accidents.

3. Public Safety Messaging

Advocates argue that a stricter threshold sends a clearer message that driving after drinking carries significant legal risk.

Concerns and Criticisms of the Proposal

Despite safety arguments, critics raise several important and valid concerns:

1. Impact on Social Drinkers

Many drivers who currently believe they are within legal limits could unknowingly exceed a 0.05 BAC threshold. Depending on body weight, metabolism, and other factors, even one or two drinks may approach this level. A 165 lb man can realistically hit .05 after just 2 normal drinks in about an hour, especially without food. A 200 lb man will reach .05 after 3 drinks in an hour. A 120 lb woman may approach or exceed .05 after roughly just 1.5 drinks.

2. Increased DUI Arrests and Court Volume

Lowering the threshold would likely increase DUI arrests and prosecutions, which could impact court resources and raise concerns about overcriminalization.

3. Scientific and Legal Challenges

BAC does not always correlate perfectly with actual impairment. DUI defense attorneys anticipate more cases involving marginal test results and challenges related to testing accuracy and reliability.

4. Economic Impact

Some industry groups argue that stricter limits could negatively affect restaurants, bars, and hospitality businesses.

Current Status of the Proposed Law

As of now, House Bill 4333 remains under legislative consideration by the Illinois General Assembly. Proposed legislation often undergoes revisions, committee hearings, and public debate before any final vote.

The legal BAC limit in Illinois remains 0.08 unless and until lawmakers formally adopt a change.

Contact The Davis Law Group, P.C. for a free consultation if have been arrested for an Illinois DUI.