Illinois lawmakers consider lowering DUI blood alcohol limit

Proposed legislation in the Illinois House of Representatives would lower the state’s legal blood alcohol content threshold for driving under the influence from 0.08 to 0.05.

If the bill passes, Illinois would join Utah as the second state in the country to adopt a standard below the federal one of 0.08.

The bill, sponsored by Rep. Daniel Didech, D-Buffalo Grove, and Rep. Joyce Mason, D-Grayslake, was introduced on Jan. 7.

The department currently classifies blood alcohol levels above 0.05 as “driving impaired,” which is not punishable under current Illinois law.

The Illinois State Police blood alcohol content table estimates most people reach 0.05 blood alcohol content after two to four drinks.

The change would follow decades-old guidance from the National Transportation Safety Board, which estimates a lower limit would result in an 11% decline in deadly alcohol-related crashes.

The Utah Department of Public Safety reported a 19.8% decrease in fatal crashes after the state’s lowered DUI threshold of 0.05 went into effect. The department said DUI-related arrests increased by 6%.

Data from the National Institute on Alcohol Abuse and Alcoholism shows that Utah residents drink at uniquely low rates compared to other states. A 2023 report estimates that per capita alcohol consumption in Illinois is more than double the rate in Utah.

The Illinois State Police declined to comment on the bill.

The legislation is HB 4333. If approved, the changes would go into effect in 2027.