If you’ve been pulled over and a police officer suspects that you’re driving under the influence (DUI), they might ask you to take a breathalyzer test. This is a test that measures your current blood alcohol concentration (BAC). A breathalyzer device will show whether or not you’re driving with alcohol in your system and if you’re over the legal limit.
Getting caught drinking and driving is not only dangerous and illegal, it can affect your driving privileges. However, refusing to submit to a breathalyzer test comes with its own share of consequences.
In this blog, we’ll discuss why you might be asked to take a test and what happens if you refuse. Keep reading to learn more and contact our law firm if you’re facing legal consequences that impact your driving privileges.
Can You Refuse a Breathalyzer?
The short answer to this question is yes, you can refuse a breathalyzer test in Illinois. However, there are repercussions— namely, the temporary loss of your driver’s license.
Understanding Implied Consent
Illinois follows implied consent law, which is more complex than many people realize. When you get your driver’s license in Illinois, you automatically agree to chemical testing if an officer has reasonable grounds to suspect you’re driving under the influence. Here’s what this means in practice:
- By driving on Illinois roads, you’ve already agreed to take a breathalyzer test when properly requested by law enforcement. This doesn’t mean officers can test you without reason, but it does mean refusing a test carries automatic penalties.
- The law applies to both Illinois residents and out-of-state drivers. Even if your license is from another state, you’re subject to Illinois implied consent law while driving here.
What Happens If You Refuse a Breathalyzer in Illinois?
As skilled Illinois driver’s license reinstatement attorneys, we’ve seen plenty of cases where clients refused to take a breathalyzer test. Here’s what happens in Illinois if you refuse a breathalyzer:
- First, if you refuse chemical testing, you will receive a statutory summary suspension. This means your driver’s license will be suspended for 12 months after a first-time refusal. If this is your second or subsequent offense within 5 years, you’ll lose your driving privileges for 3 years.
- In addition to the suspension, you may also face criminal charges for a DUI. Refusing a breathalyzer test can be used as evidence against you in court. If convicted of a DUI, this will result in more severe penalties.
- A statutory summary suspension is separate from any additional penalties you might face. The suspension automatically begins 46 days after the date of your suspension notice.
If you have been arrested for a DUI and refused a breathalyzer test, it’s important to consult with an experienced DUI defense attorney. At Johnson & Goldrich, P.C., we can help you navigate the legal system and the path ahead. We know how to get your license back after a DUI in Illinois whether you submitted to testing or not. Contact us now to schedule a free consultation.
Why Police Officers Request Breathalyzer Tests
When a police officer asks you to take a breathalyzer test, it’s not a random request. Officers must have reasonable suspicion that you’re driving under the influence. Common reasons include:
- If you show signs of impaired driving, such as weaving between lanes or driving too slow
- Once you’re pulled over, signs like the smell of alcohol, slurred speech, or bloodshot eyes
- Open alcohol containers in your car
- An officer sees you leaving a party or bar before pulling you over
These observations give police legal grounds to request a breathalyzer test. Officers commonly request breathalyzer tests at DUI checkpoints, especially during holidays or on weekends, when drunk driving tends to increase.
Contact Our Law Firm Today
At Johnson & Goldrich, P.C., we focus exclusively on helping Illinois residents reinstate their driving privileges. We understand the complex processes involved in reinstatement after a breathalyzer refusal or DUI charge. We’ve successfully guided countless clients through these challenging situations.
If your license has been suspended, contact our law firm for reliable legal counsel. Our driver’s license lawyers are here to fight for your rights.