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What Happens If You Refuse A Breathalyzer In Illinois?

Published on May 29th, 2023

If you’ve been pulled over and a police officer suspects that you’re driving under the influence, they might ask you to perform a breathalyzer test. This is a test where you are asked to breathe into a device that measures your current blood alcohol content (BAC).

While a breathalyzer test that shows you have been driving under the influence can be damaging to your driving privileges, it has the potential to be worse if you refuse.

As legal experts in driver’s license reinstatements, we’ve seen plenty of cases where clients refuse to take a breathalyzer test. Here’s what happens in Illinois if you refuse a breathalyzer:

First, if you refuse to take a breathalyzer test in Illinois, the arresting officer will likely take your driver’s license and issue a statutory summary suspension. This means your driver’s license will be suspended for about 12 months due to this first-time refusal.

In addition to the suspension of your license, you may also face criminal charges for DUI. Refusing a breathalyzer test can be used as evidence against you in court and might result in more severe penalties if you are convicted of DUI.

It’s important to note that in Illinois, there is an implied consent law. That means by driving on public roads, you are consenting to a breathalyzer test if a police officer has reasonable suspicion that you are driving under the influence.

If you have been arrested for DUI in Illinois and have refused a breathalyzer test, it’s important to consult with an experienced DUI defense attorney who can help you navigate the legal system and minimize the potential consequences.

License Suspension? Contact Our Team

Johns & Goldrich, P.C. has helped clients inside and outside of Illinois regain access to their license after being charged with drunk driving. Whether or not you refuse to submit to a breath test or a blood test, our lawyers are always prepared to help you under these circumstances. Contact our firm now to schedule your appointment with our legal team.

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