In my research for a post I’m working on about Illinois’ new law regarding the installation of breath locks in cars for first time DUI offenders and how this law has the potential to be thoroughly abused in certain areas, I found this little gem:

If a tested driver’s BAC is more than .05 but less than .08 percent and no drugs are found in the system, no Statutory Summary Suspension will apply. However, the associated DUI charge will remain until appropriate action is taken by the court. [via Sec. of State]

Yes, in Illinois it seems you could potentially be convicted of a DUI with a BAC of less than .08.