officer holding breathalyzer device toward driver

Am I Allowed to Refuse a Breathalyzer Test in Illinois?

When you are pulled over and the officer asks if you’ve had anything to drink, understanding what’s about to happen is critical to stay calm and collected. If you are pulled over on suspicion of driving under the influence of drugs or alcohol, it’s likely that the officer will ask you to perform a breathalyzer test. However, it’s important to understand that you are not legally obligated to submit to chemical testing without a warrant. On the other hand, you can face consequences for refusing to take a test. As such, you’ll want to keep reading to learn more about whether or not you should take a breathalyzer and why you must connect with a Peoria DUI lawyer if you’re facing charges.

When Am I Required to Submit to Chemical Testing?

Generally, any time an officer has reason to believe you are driving while under the influence of drugs or alcohol, they are within their right to administer chemical testing. In many instances, this takes the form of a breathalyzer device, but can also be determined through a blood or urine sample. This requires the driver to blow into a tube that will measure their blood alcohol concentration (BAC). If your BAC is above the legal limit of 0.08% you will automatically be charged with a DUI. However, you may find that you can still face charges if your BAC is below that limit, but there is still alcohol in your system that the officer determines has impacted your ability to operate a vehicle.

It’s important to note that in many instances, taking a breathalyzer is voluntary, meaning you can refuse. However, there are consequences for those who do not submit to testing.

What Happens If I Refuse to Take a Breathalyzer Test?

If you refuse to take a breathalyzer test in Illinois, you will face an immediate one-year license suspension. This is because Illinois, like most states, is an implied consent state. Essentially, this means that by operating a motor vehicle in the state of Illinois, you are consenting to a breathalyzer test if you are under the influence. Though you can revoke consent, this is not without consequences.

It’s also important to understand that you will very likely be presented with a warrant forcing you to submit to a blood test to determine the amount of alcohol in your system.

Should I Take the Test if Pulled Over in Illinois?

Unfortunately, there is no clear answer as to whether or not you should submit to a breathalyzer. If you believe you are sober, this can help you obtain evidence that you are not committing a crime. However, if you are under the influence, this can be used against you. It’s important to understand that even if you refuse, you may still be placed under arrest for a DUI. However, it may be easier to argue against it if there is no evidence collected at the scene of the traffic stop.

As such, it’s important to use your best judgment to determine if it’s in your best interest to submit to a breathalyzer test. To avoid this issue completely, you should not drink and drive.

At Giraudo Law, we understand that mistakes happen. That’s why our dedicated team of attorneys is here to help you through these challenging times. We understand how overwhelming it can be to face a DUI charge, which is why our team is ready to fight for you. Connect with us today to discuss your circumstances.

Website Designed & Managed by