Illinois lawmakers are considering legislation that would significantly lower the state’s legal blood alcohol concentration (BAC) limit for drivers.
House Bill 4333 proposes reducing the current legal limit from 0.08 to 0.05, making Illinois one of the strictest states in the country if enacted. Utah is currently the only state with a 0.05 BAC standard.
The proposal is now pending before the Illinois House Judiciary – Criminal Committee.
What House Bill 4333 Would Change
Under current Illinois law, a driver is presumed to be under the influence of alcohol if their blood alcohol concentration is 0.08 or higher.
House Bill 4333 would amend the Illinois Vehicle Code to:
- Lower the legal BAC presumption from 0.08 to 0.05.
- Apply the same 0.05 standard across related statutes.
- Make conforming changes to the Snowmobile Registration and Safety Act.
- Make conforming changes to the Boat Registration and Safety Act.
- Make conforming changes to the Workers’ Compensation Act.
The bill states that if a person is alleged to have been driving or in actual physical control of a vehicle with a BAC of 0.05 or more, it would be presumed that the person was under the influence of alcohol.
Legislative Status
House Bill 4333 was introduced on January 7, 2026, during the 104th General Assembly.
- Status: Introduced
- Progression: 25%
- Assigned: February 11, 2026
- Committee: House Judiciary – Criminal Committee
Proponents also point to Utah’s implementation of a 0.05 limit as a policy model.
Legal and Enforcement Implications
If enacted, Illinois law enforcement agencies would operate under a reduced presumptive impairment threshold.
A 0.05 standard would not eliminate officer discretion in DUI investigations but would change the statutory presumption applied in court proceedings.
The change could impact:
- Probable cause determinations.
- Breath and blood test interpretation.
- Charging decisions.
- Defense strategies in DUI cases.
The proposal would also extend the revised threshold to snowmobile and boating statutes, broadening its reach beyond traditional motor vehicle traffic enforcement.
Comparison to Other States
Currently:
- Most U.S. states maintain a 0.08 BAC legal limit.
- Utah is the only state with a 0.05 limit.
If House Bill 4333 becomes law, Illinois would join Utah as the most restrictive state in terms of alcohol impairment standards.
What Happens Next
The bill remains in committee and has not yet received a hearing date.
If advanced out of committee, it would proceed to the full House for consideration.
Cop Talk LIVE will continue monitoring the status of House Bill 4333 and provide updates if the measure advances.
Frequently Asked Questions
What is the current legal BAC limit in Illinois?
The current presumptive limit is 0.08.
What would HB 4333 change?
It would lower the presumptive legal limit to 0.05.
Has the bill passed?
No. It has been introduced and assigned to committee but has not yet been scheduled for a hearing.
Would this affect boating or snowmobiling?
Yes. The bill proposes conforming changes to related safety statutes.
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