Steven W. Perbix DUI/DWI Law Blog on Lawyers.com

Refusing a Breath Test in Illinois

Thursday, August 6, 2009 by Steven W. Perbix

What are my rights?

Clients always ask, usually after they have been arrested and charged, whether or not they had the right to refuse a breath test while in police custody. The simple answer is yes, those involved in an Illinois DUI arrest arrest do have the right to refuse to submit to a breath test or any other blood alcohol content (BAC) test.

This choice is solely up to you, and you cannot be forced or otherwise coerced into submitting to a BAC against your will. However, there are some serious consequences to refusing to take a breath test in Illinois.

What are the consequences?

The consequences for BAC refusal work much the same way as other DUI/DWI consequences—the more convictions a person has had results in stricter punishments. Therefore, the punishment for a 1st time offender’s refusal is less severe than a repeat offender’s refusal.

A BAC test refusal triggers a Statutory Summary Suspension, which is an automatic suspension of an Illinois driver’s license:

  • First offense—6 months suspension
    • Eligible for a Judicial Driving Permit (JDP) after 31 days
    • Repeat offenses—36 months suspension
      • Not eligible for a JDP

    Keep in mind that the consequences, in terms of your driving privileges, are much less severe for taking and failing a BAC test as opposed to the outright refusal. BAC tests are notoriously fickle and are often one of the strongest components of a solid DUI defense.

    Refusing to take a breath test in Illinois is something we hope you never have to consider. But if you do, please take into consideration both your rights and the consequences so that you can make an informed decision.

    Call a Decatur DUI defense lawyer at 866 823-5688 for help with Illinois breath test laws.
Posted at 15:47 PM
Topic: DUI/DWI
Lawyers.com Blog

Lawyers.comSM Blog

Get an inside view of
Lawyers.com

Blog Topics

Bloggers

Archives

Recent...