What Sobriety Tests can Drivers Refuse When Pulled Over for a DUI?

 Posted on March 12, 2020 in DUI/DWI

Prosecutors in Kane County will be stepping up their DUI patrols during the weekend just before St. Patrick’s Day. While this is the 25th year in a row that Kane County has conducted these patrols known as “No Refusal” patrols, there is an important change this year.

When a driver is pulled over for a suspected DUI and refuses to submit to a chemical test, such as the breathalyzer, they will automatically lose their driver’s license for one year. Law enforcement will then contact an on-call judge that can issue an immediate warrant for the test. If the suspected driver still refuses, the test can be taken forcefully, and the driver can even face charges of obstruction of justice. The news of the patrols, and the change, has many drivers asking when they can refuse a test, and what type of test they can refuse if pulled over for a DUI.

Refusing Chemical Tests

Chemical tests used to prove that a driver is operating a motor vehicle with a blood alcohol concentration of 0.08 or greater can include breath tests, blood tests, and urine tests. Any time a driver is pulled over for a suspected DUI and refuses to submit to these tests, they will likely lose their license for one year. This is true in all counties, and at any time of the year.

This penalty drivers face is due to Illinois’ implied consent laws. Implied consent means that any time a driver gets behind the wheel, they have already consented to a chemical test if law enforcement asks them to submit to one.

Even with the implied consent law and the penalty that results from refusing a test, it is usually advised that drivers refuse these tests. The results from these tests can provide the prosecution with the proof they need to secure a conviction and so, in most but not all cases it is advised that drivers refuse these tests. For example, due to the additional charge drivers may face in March in Kane County, when a subpoena has been obtained, drivers should submit to these tests.

Field Sobriety Tests

Another type of test law enforcement may ask drivers to submit to include field sobriety tests. These tests include the Walk-and-Turn test, the One-Leg Stand test, and more. These tests are highly subjective, rely largely on the officer’s own opinion, and are highly unreliable. Drivers can refuse these tests without fear of losing their driver’s license, but they will still likely be arrested for a DUI. Like chemical tests, it is advised that all drivers always refuse field sobriety tests so they do not provide the prosecution with evidence.

Our Illinois DUI Lawyer can Help with Your DUI Charges

If you are facing DUI charges, you need the help of our skilled Rolling Meadows DUI lawyer at the Law Offices of Christopher M. Cosley. Attorney Cosley has helped many clients beat their DUI charges and he will put that experience to work for you. After reviewing your case he will create a solid defense to give you the best chance of a successful outcome. If you or a loved one has been arrested for a DUI, call us today at 847-253-3100 to schedule your free consultation and to learn more about how he can help.

Source:

https://www.dailyherald.com/news/20200217/kane-county-authorities-plan-no-refusal-dui-patrol-around-st-patricks-day-with-one-change