DUI Breath Test Refusal

Under Illinois’ implied consent law, every person who applies for and accepts a driver’s license agrees to abide by certain rules in exchange for the right to operate a vehicle in our state. Included in those rules is your consent to submit to a DUI breath test if law enforcement suspects that you may be driving under the influence of alcohol (DUI).

You have the right to refuse the DUI breath test, but it is important to understand the pros and cons associated with such a decision. If you submit to the test, you give the prosecution compelling evidence that must be overcome if you are to avoid a conviction for DUI. If you refuse the test, you maintain a number of valuable options for your defense by not handing over the single largest piece of evidence that can be used against you.

The decision to refuse the DUI breath test, however, does not come without consequences. The first time you refuse the test, you face an automatic one-year suspension of your driver’s license, which is twice as long than the suspension you would face if you submitted to the test and blew a .08.

Your Driving Privileges at Risk

If you have refused a breath or blood test, it is important that you have experienced help from a lawyer who can give you the best chance of preserving your driving privileges. At the Law Office of Steven Haney, our Joliet DUI attorney has extensive experience handling a wide variety of these cases.

The suspension that is imposed for refusal of a breath test is governed by Illinois’ statutory summary suspension law. This suspension is imposed whether you are ultimately convicted of a DUI offense or not. When you refuse the test, you will receive paperwork from the officer that stopped you. This paperwork will serve as a 45 day driving permit. The suspension will take effect on the 46th day.

You have the right to a hearing where you can challenge the suspension. You only have 30 days to request a hearing. These hearings only focus on issues surrounding your arrest and if you were made aware of the consequences associated with refusing the test. We will do everything we can to win at the hearing and preserve your privileges or, alternatively, help you obtain a driving permit.

Putting Our Experience to Work For You

Contact our office today for a free initial consultation to discuss your DUI case and learn more about what we can do to help you. You can reach us by phone at 815-723-5600 or via e-mail. For your convenience, weekend appointments are available.