Understanding the Ramifications of Refusing a Breathalyzer Test in Illinois

 Posted on October 23, 2017 in DUI/DWI

If you or a family member is pulled over, should you consent to taking a breathalyzer test? This is a common question and, in truth, the answer is—it depends. This is because each case is different and your circumstances may have presented a scenario where refusing a Breathalyzer test was appropriate, or vice versa.

Under Illinois Law, when you obtain a driver’s license you are impliedly consenting to take a Breathalyzer test if you are requested by a police officer to do so. This implied consent is codified in state statute 625 ILCS 40/5-7.1.

Even with the existence of an implied consent law, you have the right to refuse a Breathalyzer test, but the ramifications can be quite severe. For example, if you are convicted of a DUI and you refused to take a breathalyzer test, then your driver’s license will be suspended for at least one year.

Warning Required

When a police officer asks you to take a breathalyzer test, they are legally obligated to inform you that refusing to take the test may result in the aforementioned suspension of your driver’s license.

The suspension of your driver’s license can go beyond one year, depending whether you have a criminal record and/or a prior DUI conviction.

Why Some People Opt to Decline the Breathalyzer Test

There is a belief that if you refuse a breathalyzer test, it will improve your chances of prevailing against the government’s DUI charge. This is not a sound legal strategy. Yes, the lack of an official breathalyzer result may make it more challenging for the prosecution to obtain a conviction, but it does not guarantee your victory in court. This is because the government can prove a DUI through a variety of methods, even without a breathalyzer result.

For example, the police officer who pulled you over could testify in court concerning your driving behavior and physical appearance when you were pulled over. If you underwent a field sobriety test, the results of that test are generally admissible as evidence. Also, there may be video footage from the police officer’s squad car which could potentially reveal that you were intoxicated. Some, or all, of these tests and other evidence could be considered sufficient by a jury to find you guilty of driving under the influence of drugs or alcohol.

Speak to a Rolling Meadows DUI Defense Attorney Today

Whether you agreed to take a breathalyzer test or not, you have the right to quality legal representation. That is why it makes sense to contact a passionate Rolling Meadows DUI attorney at the Law Offices of Christopher M. Cosley. We are eager to assist you immediately.

Source:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500400K5-7.1