What Happens If You Refuse a Breathalyzer in Illinois?

If you are stopped under suspicion of driving under the influence, you may be tempted to refuse a breathalyzer test. Before you do, understand what that means and how it may affect your license. A Springfield DUI and criminal defense attorney from Holley, Rosen & Beard can help you understand the consequences of your choice and how it may apply to you specifically.

Implied Consent Laws in Illinois

Illinois has implied consent laws. These laws state that driving on a public road implies you consent to chemical testing of blood, breath, urine, or other bodily substances, should you be pulled over and arrested under suspicion of intoxication. These laws allow officers to administer up to two additional tests beyond blood or breath tests.

Immediate Consequences of Refusing a Breathalyzer in Illinois

In the event that you refuse a breathalyzer test, the consequences can take effect quickly, including a 12-month suspension of your license. However, the penalty for taking and failing the test is typically closer to a six-month suspension. Refusal often renders you ineligible for a CDL, for multiple offenses, this is a lifetime disqualification.

You can appeal the decision and save your license, but there are limited grounds for doing so. At this hearing, the judge usually just examines whether the police had legal reason to stop you and make the request. Suspension due to refusal is immediate, while you often have up to 45 days before facing an administrative suspension with charges, or you may not face additional consequences to your license until your case is resolved.

A Breathalyzer Is Not The Only Form of Evidence in a DUI

Many people mistakenly believe that refusing the test will keep the police from gathering evidence against them. However, the police can use other means to build their case against you, including body cam footage, observational details, and field sobriety tests. If you are arrested, the police can often obtain a warrant for chemical testing

How Refusing a Breathalyzer Can Affect Your DUI Case

If you end up facing charges for a DUI, you may wonder if refusing the breathalyzer can help or hurt your case. This depends heavily on your situation. On one hand, you have prevented the prosecution from having an additional piece of evidence against you. However, they may suggest you refused because you were guilty and you knew you would fail.

Additionally, you will likely lose your ability to resolve your case with the use of a monitoring device on your vehicle. Instead you must serve your license suspension completely.

Call an Illinois DUI and Criminal Defense Attorney Today

It is wise to contact an attorney as soon as possible after encountering the police under suspicion of a DUI or any other crime. This may be after you have made the decision to comply with or refuse the breathalyzer, but we are prepared to speak with you regardless.

We work diligently on behalf of our clients to protect their rights in arrest and if they are facing criminal charges. Schedule a case consultation with us to learn more about your situation and discuss options moving forward.