Can You Refuse a Breathalyzer in Illinois?

When you’re pulled over by a police officer, you might already be concerned about your drivers license. For example, you might not be sure what your blood alcohol concentration level, or BAC level, is. That causes many Illinois drivers to refuse a breath test. 

So, can you refuse a Breathalyzer in Illinois? While you technically have the freedom to refuse, it’s important to think about the effects first, before you refuse. Because you could face even more consequences for refusal, it’s important that you know what to expect before you agree to or refuse your test. Your lawyer from Chicago Trusted Attorneys™ can help you understand your options in Illinois. 

Implied Consent Laws in IL

If you’ve recently refused a field sobriety test, you might have heard the phrase “implied consent.” This term relates to drivers who are suspected of driving intoxicated. It can also affect how your case is handled. 

Implied consent laws state that, by having a drivers license, you consent to having a field sobriety test performed if you’re suspected of driving under the influence. If you revoke that consent, your license may be affected by that decision. 

This is to protect the safety of others on the  road. The idea is that if you want to drive and keep your license, you must also prove that you’re able to drive. 

Because of these laws, refusal of a sobriety test can turn into a serious problem for you in Illinois. That’s why it’s usually important to take the test if you know you’re sober and why even if you’re not sure you’re sober, you may still want to take the test.

Consequences of Refusing a Breathalyzer

If you’re pulled over and arrested for a DUI, you would typically need to go through a trial to determine your guilt and any consequences. If you’re convicted of drunk driving, the judge will decide how much your fines will be, how long you’ll be in jail or prison, and other factors. 

The losses you’ll face because of a refusal to take the test will be more immediate. For example, if you refuse to take the Breathalyzer, your Illinois license will be automatically suspended for your refusal. 

Unfortunately, that means you might be left without a license for some time, even if you were sober. Because you refused the test, you’ll be unable to drive for some time. That means you’ll need to rely on your family, friends, and partners to carpool or drive you, unless you use public transportation. That leaves you suffering major consequences now, not just later. 

Get Help from an Illinois DUI Lawyer

When you’re accused of driving under the influence, it might sound like a good idea to refuse a sobriety test. Many people are worried about the evidence against them if they do accept the test. Can you refuse a Breathalyzer in Illinois? While it’s possible, we usually recommend you don’t. 

Instead, talk to the lawyers at Chicago Trusted Attorneys™. We understand how difficult it can be to fight a DUI, especially with evidence against you. Fortunately, we have the tools and resources you need to recover and fight your criminal charges

If you’re struggling with a drunk driving case in Illinois, reach out to an attorney for the help you need to get answers. Get started by calling 312-931-5411 or by filling out the online form below.