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Chicago DUI Lawyer

Refusing to Take a Breathalyzer, Blood or Urine Test

If you get stopped on suspicion of DUI or an officer suspects you of DUI after an accident, you probably ask yourself what you should do:

  • Should you take the Breathalyzer test?
  • Should you refuse to take a DUI test?
  • What's the best thing for you to do?
  • And what are the consequences of either choice?

Chicago Implied Consent Law and What it Means for You

Under the Illinois implied consent law, every person that applies for and obtains a driver's license agrees to abide by specific rules and laws in return for the right to drive in Illinois. Among the rules to which you have implied your consent by accepting a driver's license is your agreement to take a breath, blood or urine test if a law enforcement officer suspects you of DUI. Chicago Breath Test Refusal Lawyers know that the DUI test intends to determine your blood alcohol content (BAC).

Because of your implied consent, you don't have the right to speak to an Illinois Blood Test Refusal Attorney prior to your DUI test. The officer must give you the test as soon as possible after you stopped driving. The officer can choose which of the chemical tests to give you to test your BAC. But if you choose, you can take additional chemical tests afterward using the medical professional of your choice. Chicago Breath Test Refusal Lawyers can point you to the Illinois implied consent law at: Illinois Statute 625-5/11-501.1.

Chicago Criminal Defense Attorney

You might have pulled over to the side of the road or into a parking lot and you may be asleep in your vehicle. An officer that suspects you of DUI will decide whether you were in control of the vehicle based on a totality of the circumstances. You do not even have to be the person who drove the vehicle to where the officer found you. You just have to be the person who could drive it away again. Chicago Breath Test Refusal Lawyers understand that the officer will look at things like:

  • Whether you have the key to the vehicle in your possession.
  • Whether you were in the front seat or behind the wheel.
  • Whether the car was on, even if it was in "park."
  • Whether you ultimately have the ability to start and operate the vehicle (even if you do not intend to do that).

And if you are intoxicated, this Illinois Blood Test Refusal Attorney cautions that you could be convicted of DUI even though you weren't actually driving - when you simply could have driven had you wished. See, for instance: City of Naperville v. Watson, 677 NE 2d 955 (1997).

What Happens when You Refuse to Take the DUI Chemical Test for BAC?

Many people suspected of DUI believe that they'll benefit by refusing to take the Breathalyzer test or other chemical DUI test. They don't want to simply give the state potential evidence of DUI or they're unfamiliar with the process and simply fear the consequences. But it's not necessarily in your best interest to refuse to take the DUI test. The penalties for refusing the DUI test are listed in Illinois Statute 625-5/6-208.1.

The officer should warn you that upon refusal to take the DUI test, your driver's license would be automatically suspended for at least a year. This Chicago Breath Test Refusal Lawyer cautions that a first refusal will earn you a one-year suspension. But if this is a second refusal or more, your license will be suspended for three years. When you refuse to take the DUI test, the law enforcement officer sends a sworn report of your refusal to the Illinois Secretary of State. And your driver's license suspension takes effect 46 days later.

And as this Illinois Blood Test Refusal Attorney mentioned previously, you could be convicted of DUI even without the chemical test evidence. You could be convicted of DUI even if you never drove the vehicle on the day you were found intoxicated in it. And the prosecution won't hesitate to argue to the jury that your refusal to take the test was an implied admission of guilt because you knew that you were intoxicated at the time.

Contact Michael P. Schmiege

DUI charges can have severe consequences on your life: prison time, driver's license suspension, and a criminal record. Society views DUI convictions harshly and you could find your career prospects and other life situations damaged. Particularly if your DUI was a repeat offense, or involved injury to people or damage to property, you need the help of a skilled and experienced DUI lawyer like Michael Schmiege to minimize the effects of the DUI charge on your life.

When you've refused to take a breath, blood, or urine test in defiance of the Illinois implied consent law, it's vital that you have staunch representation from a DUI attorney to protect your rights and your driver's license. Chicago Breath Test Refusal Lawyer Michael P. Schmiege has the solid track record, knowledge, and practical experience with DUI charges and test refusals that you need.

Contact Illinois Blood Test Refusal Attorney Michael P. Schmiege today for your FREE, no obligation legal consultation and get started on building your strong defense. After a DUI arrest, it's critical that you get an able lawyer on your side to protect your rights and your driving privileges. Illinois Blood Test Refusal Attorney Michael Schmiege could file a motion to stop the automatic suspension of your license. Reach Michael Schmiege by phone or online and get your FREE consultation today.

405 N. Wabash Ave., Suite P2C, Chicago, IL 60611
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The National Trial Lawyers
Law Offices of Michael P. Schmiege - Chicago Criminal Defense Attorney
Located at 53 West Jackson Blvd., #1515 Chicago, IL 60604. View Map
Phone: (312) 626-2400