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Can I refuse a breathalyzer test?

On Behalf of | Oct 4, 2024 | DUI

If law enforcement pulls you over for a suspected DUI, you may wonder what your options are. Perhaps you have heard that consenting to take a chemical test (blood, breath, urine) is optional, or maybe you are under the impression that it is mandatory. Below, we look at Illinois law and what it requires of drivers if they are pulled over for a suspected DUI.

Implied consent laws

The state of Illinois operates under what is called “implied consent” law, which means that by obtaining an Illinois driver’s license, the license holder automatically agrees to submit to chemical testing if law enforcement has probable cause to believe they are driving under the influence.

In other words, refusing a breathalyzer test can have immediate and severe repercussions. Legal counsel is of the utmost importance if you are in this situation.

Consequences of refusal

So, what are the consequences of refusing to take a breathalyzer if police pull you over for a suspected DUI? Among other possible penalties, you will face the suspension of your driver’s license for one year.

If you have prior DUI arrests, the license suspension period increases substantially. It can be up to three years. Furthermore, refusing to take the test can be used against you in court, and it may imply guilt in the eyes of the court or jury.

While you can refuse a breathalyzer in Illinois, it comes at a significant cost. If you find yourself in this situation, it is advisable to consult with a knowledgeable DUI attorney who can answer your questions and guide you through the process, perhaps exploring possible defenses.