Kane County, IL DUI Defense Law Firm

Elgin, Illinois DUI test refusal defense lawyer

DUI Test Refusal and Penalties in Illinois

There is an implied consent law in Illinois that essentially states that, by applying for a driver's license and operating a vehicle in the state, you imply your consent to various requirements of the law. One of the requirements you consent to under the law is submitting to a test to measure your Blood Alcohol Content (BAC), typically via Breathalyzer, blood draw or urine draw, if you are arrested on suspicion of DUI.

Refusing a Breathalyzer Test in Illinois

Refusing a BAC test is not, itself, a crime. It is an administrative offense. Nonetheless, if you refuse a BAC test, you will receive a 12-month suspension of your driver's license for a first offense. A second refusal will result in a three-year suspension. These penalties can be imposed even if you are ultimately found not guilty of DUI.

Depending on your personal circumstances, test refusal and accepting the resulting suspension may be in your best interests. By refusing the test, you are denying the prosecution one of the most important pieces of evidence it could have in building its case against you. Without BAC evidence, the prosecution has little more than the officer's testimony to work with.

I am Elgin DUI test refusal defense attorney Brian J. Mirandola. I provide strategic representation to clients in Kane County and the surrounding area in all types of drunk driving cases. I offer a free consultation where you can get honest answers and sound advice regarding DUI test refusal and penalties in Illinois.

Talk to an Elgin DUI Test Refusal Defense Attorney

Contact my office today to discuss your BAC test refusal concerns. I represent clients in communities throughout Kane County and the surrounding areas of the Chicago, Illinois region. Call 847-488-0889 to reach my Elgin office or 630-405-6277 for Aurora.