Breathalyzer Refusal

Refusing a Breathalyzer Test in Illinois

If you are pulled over by a police officer on suspicion of drunk driving in Lake County or elsewhere in Illinois, you do have the right to refuse to take a breath test. Refusing a breathalyzer test is a driver’s license violation, not a criminal offense. A drunk driving conviction is serious. It can result in large fines and possible jail time, and it can also impact your job, future employment and insurance rate. A felony DUI conviction carries even harsher punishments — up to $25,000 in fines and years in prison. However, refusing a breathalyzer test will automatically result in a 12-month license suspension for first offenders. This is because under the Illinois implied consent law, drivers are considered to have given implied consent to lawfully requested blood alcohol tests. The police have the right to ask you to submit to a breath test whenever they lawfully pull you over and have reason to suspect you are drunk.

If you have been arrested for drunk driving or are facing a driver’s license suspension for refusing a breathalyzer test, I can help. I am Alan E. Jones, an experienced traffic and drunk driving defense lawyer in Waukegan, Illinois. I have been handling DUI charges for more than 30 years, and am confident I can effectively defend you. For a free initial consultation, contact me online now or call me toll-free: (847) 336-3900.

Consequences of Refusing Breathalyzer Tests

If a breathalyzer shows that you are over the limit, the police have probable cause to arrest you for drunk driving. Refusing a breathalyzer test deprives the police of the evidence the test provides.

However, if you do refuse the test, it is likely that you will lose your driving privileges for twelve months. There may be a defense in your case, however, so you should talk to an attorney right away.

How Accurate Is a Breathalyzer Test?

In my more than 30-year practice as a DUI attorney, I have found breathalyzer results to be questionable on more than one occasion. In a number of situations, breathalyzers sometimes display inaccurately high readings, which have led to people being wrongly arrested for DUI.

How often they are calibrated? Have the police officers using them received proper training? How much refresh training do they receive?

Real Defense After a DUI Arrest or Refusing a Breathalyzer Test

Refusing a breathalyzer test will have serious consequences — but so can being arrested for drunk driving. Whatever choice you made when you were pulled over for drunk driving, get skilled legal help. For a free initial consultation, contact me online or call toll-free: (847) 336-3900.

Credit cards accepted. Flat fee for most cases. The office is located in Waukegan, Illinois.