Can You Refuse a Sobriety Test in Illinois?

When you’re pulled over, you might be concerned that you’re over the legal limit for drinking and driving. That might leave you concerned about your charges and about the penalties you could face if you’re convicted of a DUI. 

The question is, can you refuse a sobriety test in Illinois? While the police can’t force you to take a Breathalyzer, there are effects of refusing a sobriety test you might not be familiar with. 

Instead of refusing your sobriety test, it might be better to seek out information on your DUI case from a lawyer from Chicago Trusted Attorneys™. They can help you understand what you can do to avoid serious penalties for a conviction in Illinois.

Illinois Implied Consent Laws

Some Illinois drivers may consider refusing a sobriety test as a defense against being arrested for drinking and driving. It may even sound like a way to protect yourself from proof of intoxication. Unfortunately, it instead makes a bad situation worse, in most cases. 

Illinois has implied consent laws that affect all licensed drivers in the state. These laws state that if you have a drivers license, it’s implied that you have consented to sobriety tests if you’re stopped. This law makes it a part of the stipulations of your license that you agree to these tests. While you’re physically able to refuse the test in Illinois, you can still get in trouble for refusing. 

Penalties for Refusing a Sobriety Test

One of the first penalties you’ll face is an automatic suspension of your drivers license for one year. That means even if you weren’t driving over the legal limit for Illinois, you could still face consequences for refusing the sobriety test. Worse, the officers can take you to the hospital or the police department, where the staff may test your blood-alcohol content anyway. 

Because the penalties can be so harsh, it’s often best to agree to a sobriety test when requested. Your license depends on this consent, so refusing only hurts your case. While the penalties for a DUI may be severe, too, you may have a better chance of fighting a DUI charge than you may with a refusal to submit to a sobriety test. 

Contact an Illinois Lawyer after a Sobriety Test

If you’ve been pulled over and if you’re wondering if you can refuse a sobriety test in Illinois, it’s usually best to submit to the test. Instead of refusing the test, usually your best option is to seek legal guidance if you’re arrested for driving under the influence. 

While refusing a sobriety test might not be your best option, seeking help from a lawyer from Chicago Trusted Attorneys™ may be a strong alternative instead. We understand how much refusing a sobriety test can hurt your future, as well as how a DUI conviction can hurt you. 

That’s why we focus on helping you build the right defense for your case. If you’ve refused a sobriety test and need answers to your questions, or if you were arrested and charged with a DUI, reach out for help with your drunk driving case. To get started, call 312-519-3171 or complete the online form below.