The Law Office of Brian J. Mirandola


47 DuPage Court, Elgin, IL 60120


Think Twice Before Refusing a BAC Test

Posted on in DUI

refusing a BAC test, Kane County criminal defense attorneyWhen you drive on Illinois roads and highways, you assume certain responsibilities for following the rules of the road and protecting the safety of those around you. As you know, law enforcement officials are regularly on the lookout for those who may be driving under the influence of alcohol or drugs. If you have been pulled over by police for any reason, and the officer has reason to believe you may be impaired, he or she will probably ask you to submit to a chemical test that measures your blood-alcohol content (BAC). While refusing a BAC test is, technically, an option, noncompliance with the officer’s request can have serious consequences to your life.

Administrative Penalties

You may have read or have been told that refusing a BAC test is your right. In some ways, this is true; you cannot be criminally prosecuted for such a refusal. However, you can and will be subject to administrative penalties issued by the Illinois Secretary of State’s Office, the government entity responsible for overseeing drivers’ licenses and driving privileges in the state. Refusing a BAC test will result in the suspension of your driving privileges for one year. If you have refused before, a second or subsequent refusal carries a three-year suspension. The administrative penalties for refusing a BAC test are actually more severe than those for failing such a test.

Refusing May Not Prevent Conviction

The administrative penalties for failing or refusing a BAC test are completely separate from and in addition to any criminal consequences of a DUI conviction. You should keep in mind that you can still be convicted of DUI even without the results of a failed chemical test. The BAC standard of intoxication of .08 percent in Illinois is only one of the criteria that can be used to prove that you were driving under the influence. Erratic driving, slurred speech, performance in other field sobriety tests, and other evidence of impairment, as well as the refusal itself, can lead to a conviction on DUI charges anyway.

It Is Not Too Late

If you have recently refused a BAC test and are now facing a suspension of your driving privileges or DUI charges, you may have options that can help you minimize the damage to your life. Contact an experienced Elgin DUI defense lawyer to discuss your case. Schedule your free initial consultation at The The Law Office of Brian J. Mirandola by calling 847-488-0889 today.


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