The Advantages of Refusing to Submit to a Breathalyzer Test

 Posted on July 15, 2016 in DUI Defense

One of the biggest questions people have when the subject of DUI defense arises is how to handle a breathalyzer test. Should you automatically agree to submit to a BAC test? Or should you refrain from submitting all together? When combined, the rights dictated to you by the police in the heat of the moment along with the consequences presented to you for refusing to submit are intimidating, at the very least.

To Submit or Not to Submit?

The stressful ordeal of being pulled over under suspicion of drinking and driving can make the decision to take the test a tough call. The answer to whether or not you should agree to the test is just as difficult, but one thing is for certain: There are potential advantages to refusing to submit to a breathalyzer test, and many criminal defense attorneys actually encourage you in this direction.

Here are some reasons you should consider refusing a breathalyzer test:

• If you agree to take the test and fail, a few things happen immediately: The authorities automatically have permission to arrest you on the spot, your driving privileges are severely altered, and you will be subject to serious financial burden from penalty fines.
• By refusing the test, you are eliminating the chance of the results being used against you as evidence. In general, criminal prosecution cases rely very heavily on BAC tests. A failed test is the best piece of evidence in a prosecutor's arsenal when attempting to prove your guilt. Breathalyzers have the ability to detect and produce reliable, quantifiable results, unlike other factors that police consider evidence, such as slurred speech or poor coordination. These kinds of evidence are harder to prove, which is why BAC results are taken so seriously. If you have been drinking and driving, you are technically set up to fail the test, as it is very accurate and difficult to trick or manipulate in any way.
• If you choose not to submit to a breathalyzer, you have the chance to consult with a legal professional and discover what your best course of action is from that moment on. A proper criminal defense attorney can guide you and help minimize the damage before it severely changes your life. Refusing the breathalyzer buys you some time and allows you to gather the facts and representation you need to protect your rights and defend yourself.

Being pulled over is always an unnerving experience, especially when it involves the suspicion that you are operating under the influence. If you have been accused of drinking and driving and are concerned about minimizing the impact on your life, you need to speak with a qualified Chicago DUI defense attorney. Call the Luisi Legal Group today at 773-276-5541 for a free initial consultation.

Sources:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K11-501.1

https://www.illinois.gov/ilcc/Education/Pages/Under21Laws.aspx