What Happens if I Refuse a Breathalyzer in Illinois
Illinois has an implied consent law, which means that by driving on Illinois roads, you have already given your consent to submit to a chemical test if you are pulled over for a suspected DUI. Refusing a breathalyzer can result in your driver’s license suspension for up to a year, even if you are acquitted of DUI. Surprisingly, whether or not you agree to blow into a breathalyzer, your license will be suspended either way. The only difference is a period of 6 months; 6 month suspension if you submit to the test and a 12 month suspension if you refuse. Police will oftentimes confuse a person or outright lie and say that if you blow into the breathalyzer, your license will not be suspended. This is false and contrary to Illinois law. Therefore, the best decision is to refuse a breathalyzer when requested by a police officer. Why? Because when you refuse a breathalyzer the police and State will have no idea what your blood alcohol level is and you will only be charged with one type of DUI (only based on the officer’s observations and not your blood alcohol level.) Blowing into a breathalyzer is an admission of a crime and will be used against you. Why give the police concrete evidence that you are over the legal limit? The State had the burden to prove someone guilty beyond a reasonable doubt. If the State has evidence from your breath result that you were above the legal limit, it would be extremely easy to prove a person guilty at trial under those circumstances. If there is no evidence of a breath result it will be much harder for the State to prove a person guilty. Refuse, Refuse, Refuse!
How a Lawyer will Help
A DUI lawyer can help you navigate the legal system and work to minimize the potential consequences of your refusal. They can review the facts of your case and determine if any procedural or legal errors could be used to challenge the suspension. For example, if the officer did not have probable cause to pull you over or if they did not follow proper protocol during the traffic stop, this could be used to argue that the suspension should be lifted. There are also other procedural requirements officers must follow during a DUI arrest. An experienced lawyer can challenge the suspension on these basis as well.
Ultimately, the consequences of refusing a breathalyzer in Illinois are not as great as submitting to the breathalyzer and giving the State evidence you are committing a crime. With the help of a skilled DUI lawyer, it is possible to mount a strong defense and work towards lifting the suspension. If you have been charged with DUI or have refused a breathalyzer, seeking legal counsel as soon as possible is essential to protect your rights and ensure the best possible outcome for your case.