The Law Office of Brian J. Mirandola


47 DuPage Court, Elgin, IL 60120


Am I Better Off Refusing a DUI Test?

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IL DUI lawyerSo you got pulled over by an officer who alleged you were driving under the influence of alcohol. You may have figured that if you refused to take the chemical test, there would be no proof of alcohol in your system. Now you are facing severe consequences including the suspension of your driver’s license. Can you possibly present a DUI defense after refusing a test?

Implied Consent Law in Illinois

In Illinois, the state's implied consent law requires drivers to submit to chemical testing which includes breath, blood, or urine tests. Refusing to take a chemical test can have legal consequences, including having your driver's license suspended. The officer however must have a reasonable suspicion that someone is drunk before requesting a breath test, such as visible signs of intoxication.

Potential Penalties

Refusing a test to measure your blood alcohol content is not a crime but it is considered an administrative offense. If you refuse the test and it is your first offense, your license will be suspended for one year and you will not be eligible for a Monitoring Device Driving Permit. If it is a second offense, your license will be suspended for three years. These penalties can be imposed even if you are ultimately found not guilty of DUI.

When Refusal is A Good Idea

There are instances in which refusing a chemical test may be in your best interest because it makes evidence about your blood alcohol level non-existent. In other words, the test results that authorities would have used to incriminate you are not at their fingertips and there is a greater likelihood of getting your case dismissed.

If you refuse a chemical test, you have the right to request a hearing with the Illinois Secretary of State's Office to challenge the suspension of your driver's license. However, you must act quickly and request the hearing within a specified timeframe.

If you refuse to take a chemical test, or if your BAC (blood alcohol concentration) is above the legal limit, you may be required to install a breath alcohol ignition interlock device (BAIID) in your vehicle as a condition of obtaining driving relief during the suspension period.

Contact an Aurora, IL DUI Lawyer

If you refused a DUI test and are concerned about the penalties The Law Office of Brian J. Mirandola can help. A Kane County DUI attorney is ready to provide sound advice. Call 847-488-0889 for a free consultation.



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