Do You Have To Submit to a Breath Test With DUI Charges?

 Posted on August 23, 2024 in DUI

A DUI conviction can have long-term, significant impacts on your life. It may affect your employment, driving eligibility, and others’ perception of you. It can also dramatically increase your auto insurance rates. In Illinois, the crime cannot be expunged from your criminal record, and it will also stay on your driving history permanently. These facts are true even for a first conviction.

One of the ways a law enforcement officer obtains supporting evidence is to ask you to submit to various testing methods, which are supposed to provide accurate readings of your blood alcohol concentration. Breath, urine, and blood tests are common methods. Do you have to submit to these requests in Illinois? What happens if you do not? An experienced DUI defense lawyer from McNamara Phelan McSteen, LLC can explain.

What Is Implied Consent in Illinois Drunk Driving Charges?

Illinois follows the rule of implied consent to justify asking drivers suspected of intoxication to undergo field sobriety testing. This means that if you drive a motor vehicle in the state and a law enforcement officer reasonably suspects that you are intoxicated, you have already agreed that you consent to take DUI chemical tests, both for alcohol and drugs.

Do you have to undergo the requested test(s)? Technically, you do not, but refusing has consequences. These consequences are worse if you have refused tests previously.

What Are the Consequences of Refusing Chemical DUI Tests in Illinois?

If you refuse blood, urine, or breath tests, you are within your rights. However, there are serious repercussions.

If this is your first DUI charge, refusing the chemical test can result in your driver’s license being suspended for one year, even if you are never convicted of DUI charges. The suspension period increases to three years if this is not the first time you have refused a test.

Although prosecutors cannot use your refusal as the only evidence against you, they can use it to make the case against you stronger. Prosecutors may state that the reason you did not submit to the test is that you knew it would prove you were intoxicated.

You are also ineligible to receive a hardship license or driving permit while your license is suspended if you refuse testing. Those who agree to chemical testing may be able to receive these permissions during license suspension.

Whether you choose to undergo or refuse requested chemical tests, an experienced attorney from McNamara Phelan McSteen, LLC will aggressively defend your rights.

Call Us Now for Your Free Consultation With Our Knowledgeable Joliet, IL DUI Defense Lawyer

A lot rests on the outcome of your DUI charge. At McNamara Phelan McSteen, LLC, we understand that good people sometimes make mistakes. We will work diligently to help you achieve the best possible outcome for your case. Call us today at 815-727-0100 for your free consultation with our skilled Will County, IL criminal defense attorney.