IL · jury_instructions
Ill. Pattern Jury Instr. (Criminal) 23.30
Presumptions On Being Under The Influence Of Alcohol
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 0.05 or less, you
shall presume that the defendant was not under the influence of alcohol.
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.
If you find [beyond a reasonable doubt] that at the time the defendant [(drove) (was in
actual physical control of)] a vehicle that the amount of alcohol concentration in the defendant's
blood or breath was 0.08 or more, you may presume that the defendant was under the influence
of alcohol. You never are required to make this presumption. It is for the jury to determine
whether the presumption should be drawn. You should consider all of the evidence in
determining whether the defendant was under the influence of alcohol. [This presumption,
however, has no application to the offense of driving with an alcohol concentration of 0.08 or
more. Therefore, you should not consider this presumption in your deliberations on the offense
of driving with an alcohol concentration of 0.08 or more.]
Provenance
- Source
- illinoiscourts.gov
- Retrieved
- 2026-08-20
- Edition
- 2026-08-19
- Content hash
bb3aa733b2fcb56614ee2ed7d01bd083d4c761bafef2ef6d34acac9e861c4678
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