The Law Office of Brian J. Mirandola


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Can I Get off the Hook by Refusing a Breathalyzer Test?

 Posted on March 09, 2023 in DUI

IL DUI lawyerIf you see flashing lights as you are driving down the road, you could be concerned, because you may not be sure about your blood alcohol concentration or BAC level. Perhaps what comes to mind is simply refusing a field sobriety test when you pull over. After all, if you do not agree to a test, there is no evidence of drunk driving, right? Well, it is actually a bit more complex than that.

Implied Consent in Illinois

Technically, you are free to refuse a Breathalyzer in the state of Illinois. But there are consequences that will follow. That is because there is an implied consent law in Illinois. When you first obtained your driver’s license, you consented to have a field sobriety test if you were ever suspected of driving under the influence. The test is designed to measure your BAC level, typically via Breathalyzer, blood draw, or urine draw. By revoking that consent, your driver’s license may be impacted.

The implied consent law aims to protect drivers on the road. The idea behind it is that if you want to drive and keep your license, you must be able to prove that you are able to drive safely. So if you are pulled over by an office on suspicion of DUI, it is important to agree to a field sobriety test, even if you are not entirely certain that you are sober at the time.

Consequences of Refusing a Chemical Test

Refusing a BAC test is an administrative offense, not a crime. However, your driver’s license will be automatically suspended for refusing a chemical test and the following penalties will be imposed:

  • Driver’s license suspended for one year for a first offense and not eligible for a monitoring device driving permit.
  • Driver’s license suspension for three years if this is a second refusal and not eligible for a monitoring device driving permit.

If you are later found to be not guilty of DUI, you would still face these harsh penalties. On the other hand, if you agree to a field sobriety test and it shows impairment your driving privileges could be suspended for six months.

Contact a Kane County DUI Defense Lawyer

If you refused to take a test after being pulled over on suspicion of DUI, at [[title] we provide strategic representation. A skilled Elgin, IL, DUI defense attorney can explain the consequences of refusing a DUI and the penalties. Call 847-488-0889 for a free consultation.


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