If you’ve been pulled over in O’Fallon, IL for suspected drunk driving, one of the most crucial decisions you may face is whether to submit to a breathalyzer test. This test measures the amount of alcohol in your system, and in Illinois, the results can be used as evidence if you’re charged with a DUI (Driving Under the Influence). So, should you take a breathalyzer test when asked? The answer depends on several factors, including Illinois state laws, legal implications, potential consequences, and your specific situation.
Implied Consent Laws in Illinois
In Illinois, like many other states, there are “implied consent” laws. This means that by obtaining an Illinois driver’s license, you have implicitly agreed to submit to a chemical test (breathalyzer, blood, or urine test) if a police officer has reasonable belief that you may be operating a vehicle under the influence. Refusing to take the test in Illinois comes with immediate penalties, including an automatic suspension of your driver’s license for a specified period, depending on your driving history and prior offenses. For a first refusal, Illinois law mandates a 12-month suspension of your driver’s license. If you have refused a breathalyzer test before, you could face a 3-year suspension. These penalties are separate from any penalties you might face if convicted of DUI.
Consequences of Refusing the Test in Illinois
When you refuse a breathalyzer test in O’Fallon, IL, you face administrative penalties that will be enforced even if you are not ultimately convicted of DUI. The automatic suspension of your driver’s license could leave you without driving privileges for an extended period. Additionally, you may also be subject to fines and the possibility of your refusal being used as evidence against you in court. In Illinois, prosecutors can argue that refusing the test indicates you were aware of your intoxicated state and were attempting to avoid incriminating yourself. Therefore, even if you refuse the test, the state can still charge you with DUI based on other evidence such as erratic driving, slurred speech, or the odor of alcohol.
Taking the Test: Weighing Your Options in Illinois
If you’ve had very little to drink and are confident that your blood alcohol concentration (BAC) will be below the legal limit (0.08% in Illinois), it may be beneficial to take the breathalyzer test. In this scenario, providing a sample could result in you avoiding DUI charges, as a BAC below the legal limit can be used in your defense. However, if you believe your BAC may exceed the legal limit, taking the test could result in immediate evidence against you. It’s worth noting that in Illinois, if your BAC is significantly higher than the legal limit—specifically 0.16% or higher—there are enhanced penalties for aggravated DUI. The decision to take or refuse the test often depends on how confident you are in your sobriety and understanding the specific risks in Illinois.
Consulting an Attorney in Illinois
If you find yourself in this situation in Illinois, it’s a good idea to consult with an experienced DUI attorney who can provide guidance. Illinois DUI laws can be complex, and an attorney will help you navigate the specific consequences of taking or refusing the breathalyzer test. They can help you understand the implications of your decision and offer advice on how to minimize potential penalties.
If you are looking for an attorney near O’Fallon, IL to speak to about your DUI case, call Don Cary Collins, Attorney at Law.
