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Can I Refuse to Take a Chemical Test if I Am Pulled Over for DUI in Illinois?

 Posted on February 22, 2019 in DUI Defense

IL defense lawyerIn recent years, police officers have been more strict on how they handle DUI cases -- and for good reason. According to the National Highway Traffic Safety Administration (NHTSA), there were 10,874 people who died in alcohol-related car crashes in 2017. Because of this, penalties for DUI convictions and even arrests can be quite severe.

If an officer pulls you over because he or she thinks you may be under the influence, the officer will probably ask you to step out of your vehicle. They will also probably ask you to submit to a number of field sobriety tests, which is how they gain sufficient evidence to arrest you for DUI. If you are arrested on suspicion of DUI, you will be asked to submit to a chemical test to determine your blood alcohol concentration (BAC). Refusing to submit to the chemical test can mean you will be subject to penalties.

Illinois Implied Consent

Most states have an implied consent law and Illinois is no exception. According to Illinois law, any person who is in actual physical control of a vehicle on Illinois roads has been deemed to have consented to give a sample of blood, breath or urine to test for their BAC or traces of drugs if they have been arrested for DUI. The arresting officer must have had probable cause to arrest the person.

Consequences for Refusing a Chemical Test

If you refuse to take a chemical test after you have been arrested, you will face a statutory summary suspension, which is conducted by the Illinois Secretary of State’s office. As an administrative process, these penalties are separate from any criminal penalties you may face. For refusing to take a chemical test the first time, your driver’s license will be suspended for 12 months, though you will be eligible for a monitoring device driving permit (MDDP). If you refuse to take a chemical test a second time and the offense takes place within five years of the first, your driver’s license will be suspended for three years.

Contact a Chicago DUI Defense Lawyer

If you are facing DUI charges, you could potentially be sentenced to prison time, fines and additional time on your driver’s license revocation. At the Luisi Legal Group, we have more than 15 years of experience helping our clients form the best defenses to DUI charges. Our skilled Skokie DUI defense attorneys can help you go over your case and determine your best course of action. Call our office today at 773-276-5541 to schedule a free consultation.





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