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What Happens if You Refused the Test?

June 30th, 2013 at 9:10 am


Being pulled over for suspicion of DUI is a serious matter in the United States. To determine your blood alcohol content, the police officer may request to breathalyze or put you through field sobriety testing. There are also other test methods, such as, urine, breath or blood. You have the option not to take these tests, in which case the officer can arrest you and you may lose your driving privileges. Illinois has what is called implied consent law. This means that if the arresting offer has probable cause to believe that a driver has been drinking then it is understood that an Illinois resident is consenting to being tested. Any penalties you face due to refusing testing can be fought with the help of a DuPage County DUI lawyer.

In the case that you refuse testing, the officer must inform you that if you do refuse your license will be suspended. The first refusal will result in your license being suspended for a year. Prior refusals could mean suspicion of your driver’s license for three years. A full report of your refusal to be tested is sent to you and to the Secretary of State’s office. Again, your DuPage County DUI lawyer can help you fight for your driving privileges.

An officer can choose to arrest you even if you were not driving at the time the officer approached. If you have possession of the keys to a vehicle and are under the influence, the officer has the authority to make the arrest. However, there may be ways to beat a DUI in Illinois. Weaving while driving is not necessarily breaking the law. In some cases, standard sobriety tests may be inaccurate. Several factors could cause this and it is important to know that these factors may be.

If you have been arrested for a DUI in Illinois, it is critical to begin to fight for your rights as soon as possible. Getting the proper legal defense is in your best interest. Call an experienced DUI attorney who will help you keep your license and to help you defend your rights.

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