Getting stopped by a police officer can be nerve-wracking, particularly if the officer asks you to take a Breathalyzer test. Under Illinois’ implied consent laws, anyone who decides to get behind the wheel of a motor vehicle implicitly consents to chemical tests to determine the driver’s level of intoxication, if requested to do so by an officer.
In other words, if you have been arrested for a DUI and refuse to submit to a Breathalyzer test, you will face serious consequences. In Illinois, a driver who refuses to submit to a Breathalyzer test or other chemical test will automatically have their license suspended for one year. However, if you have not been legally arrested,
Many people believe that if they do not submit to a breath or chemical test, prosecutors will not have the evidence they need to convict them of driving under the influence. Unfortunately, this is not always the case. Even without accurate test results, the prosecutor may have enough other evidence to convict you. Generally, a prosecutor will present evidence in the form of field sobriety test results and officer observations (e.g. bloodshot eyes, slurred speech, smell of alcohol).
While other evidence can be used to convict you of a DUI, prosecutors will have a much more difficult job without breath test results. However, even with chemical test results, there are many defenses available to you to defend against your DUI charges. A criminal defense attorney can review your case and help determine which defenses best suit your case.