The Law Office of Brian J. Mirandola


47 DuPage Court, Elgin, IL 60120

Subscribe to this list via RSS Blog posts tagged in BAC testing

Posted on in DUI

Aurora, IL, Defense Attorney

Here in the state of Illinois, drunk driving accidents make up 30 percent of all statewide motor vehicle crash fatalities. Because of the large number of drunk driving deaths, law enforcement officials have cracked down on DUIs in Illinois, making over 27,000 DUI arrests in 2017 alone. If you have been pulled over by a police officer, and have been drinking, it is easy to feel as if you have no options other than to submit to blood alcohol concentration (BAC) testing, but it is important to note that it is not a crime to refuse a DUI test

BAC Test Refusal

As a driver in the state of Illinois, you imply consent to be DUI tested when you receive your driver’s license. That means refusing a BAC test is not a criminal offense, but rather an administrative offense. 

While there are a number of options for law enforcement to test your BAC after pulling you over, including urine or blood drawings, the most common testing method is through the use of a breathalyzer. This is a device used to test the BAC of a person under suspicion of DUI, with the use of a breath sample. 

It is important to note that refusing a breathalyzer can come with harsh legal consequences. A first-time offender will likely face an immediate license suspension of one year. A subsequent refusal can result in a three-year suspension. Still, by refusing to take a breathalyzer, you limit the prosecution to only the officer’s personal account of the incident. 

If you do take the test and are over the legal limit of .08, while it can be difficult to avoid a DUI conviction, it is not impossible. A skilled attorney can investigate the facts of your case and formulate the best possible course of action.

Contact an Elgin, IL DUI Defense Lawyer 

With more than a decade of legal experience in the state of Illinois, including as an assistant state’s attorney, Brian J. Mirandola is well equipped to fight for your rights. If you have been arrested on DUI charges, it is critical to understand the potential ramifications of a conviction. Our legal team will fight to keep a conviction off your record and can help preserve your driving privileges. To schedule a free consultation with an experienced Kane County criminal defense attorney, call us today at 847-488-0889. 


Last modified on

Posted on in DUI

felony, Elgin criminal defense attorneyWhen you are charged with the criminal offense of driving under the influence (DUI), it has the potential to change your life forever. Regardless of whether you are ultimately convicted, your license can be suspended, leading to difficulties keeping your commitments—including work. If you are convicted, you could even spend time in jail.

Basics of DUI Offenses

Just your first DUI offense can result in the loss of driving privileges for up to six months. In many cases—especially if it is your first offense—you are likely to qualify for a Monitoring Device Driving Permit which allows you drive legally while your license is technically suspended.  Participation in this program, however, means that you must install a Breath-Alcohol Ignition Interlock Device (BAIID) in your vehicle. Before your car will start, you must use the BAIID to prove that your blood-alcohol content (BAC) is below the acceptable limits set by the program.

Illinois is an implied consent state which means by driving on the streets and highways of the state, you agree to submit to BAC chemical testing when you are suspected of drunk driving. If you refuse when asked, your license will automatically be suspended for the maximum time of 12 months for a first offense. While there are many factors that may come into play, the average cost of a DUI in Illinois is approximately $16,000 when all is said and done.

Felony DUI Charges  

If that seems like a devastating situation, it is hardly comparable to that of a felony DUI conviction. A felony conviction, as you might expect is even worse, bringing with it harsher punishments and higher fines in most cases.

Every year in the state of Illinois, roughly 300 people die in alcohol-related crashes. As such, it is understandable that the state would have enacted strict laws for the most serious situations. You could face charges of aggravated DUI—always a felony—if you were driving under the influence and caused an accident which resulted in serious injury or death to another person. Felony DUI charges may also be applicable if you have previous DUI convictions on your record. In Illinois, a third DUI offense is automatically a felony charge.

You could also be charged with a Class 4 felony DUI even for a first offense if a minor under the age of 16 was in the car at the time of the incident and the child was injured as a result.  If this occurs and the driver has a previous DUI conviction, the charge may be elevated to a Class 2 felony.

Seek Legal Help

If you have been charged with a DUI of any class or severity, contact an experienced Kane County DUI defense attorney. We can help you explore your options and work with you in making the best choices for your future. Call 847-488-0889 for a free consultation at The The Law Office of Brian J. Mirandola today.


Last modified on

Posted on in DUI

baiid, Elgin criminal defense attorneyIf you know someone that was ever arrested on charges of drunk driving, he or she may have explained to you a little bit about the difficulties such an arrest can impose on one’s life. Of course, there are criminal penalties associated with a conviction on DUI charges, but those are far from the only challenges. In many cases, a driver charged with DUI is required to install a breath-alcohol ignition interlock device (BAIID) on his or her vehicle as a condition of the reinstatement of his or her driving privileges.

What Is a BAIID?

Simply put, a BAIID is breathalyzer machine that is installed in a car or truck that prevents the vehicle from starting if the driver’s breath contains too much alcohol. The device is able to convert the concentration of alcohol in a breath sample to an equivalent blood-alcohol content (BAC), which provides a measure of intoxication. If the driver’s BAC level is 0.025 percent or higher, the vehicle will not start. BAIIDs in Illinois are also equipped with a camera that snaps a photo of the person providing the sample to ensure that the sample collected belongs to the person operating the vehicle.

Who Must Use a BAIID?

The installation and use of a BAIID are required for any first-time DUI offender who wishes to drive during the statutory summary suspension that accompanies a failed or refused BAC chemical test. A person who wishes to drive after a second, third, or fourth DUI convictions may apply for a restricted driving permit. If the restricted driving permit is granted—in accordance with regulations set forth for the respective situation—the driver must have a BAIID installed in all vehicles registered in his or her name. Depending on the case, the BAIID could be required for the rest of the driver’s life.

Associated Costs

While the law permits the use of BAIIDs to facilitate safe driving following a DUI charge or conviction, the state of Illinois is not responsible for the costs involved. Instead, the driver is required to cover any and expenses associated with the installation, rental, and monitoring of the device. Most devices cost about $85 to install and are rented at $85 per month, payable to the vendor of the device. The driver must also pay $30 per month in monitoring fees to the Secretary of State’s Office.

Get Back on the Road

Using a BAIID is just one of the steps you will need to take as you look to have your full driving privileges reinstated following a suspension or revocation of your license. Contact an experienced driver’s license reinstatement lawyer in Elgin to learn more about the process. Call 847-488-0889 for a free consultation at The The Law Office of Brian J. Mirandola today.


Last modified on

Posted on in DUI

under the influence, Elgin DUI defense lawyerDriving while under the influence of drugs or alcohol can have serious consequences that extend to all areas of your life. Some may even be that are longer lasting than those related other types of crimes. This is because receiving a DUI may impact your ability to legally operate a vehicle, which can have serious effects on your ability to transport your children, get to and from work, and to maintain a social life.

Depending on the circumstances of the situation—including your blood-alcohol level, whether or not anyone was injured, or whether or not there were children present at the time of arrest—sometimes the penalties may be more severe than in others. If you are ever pulled over for DUI, the most important thing to do is to remain calm. When you understand your rights and responsibilities if accused of DUI, the situation can be mitigated, at least to some extent, and result in less time without a license or legal access to a vehicle.

Implied Consent to Blood-Alcohol Testing

Illinois is an implied consent state. This means that the moment you get behind the wheel of a car and operate it on any road in Illinois, you have agreed to submit to chemical testing if required to do so by an officer of the law. That is, you must submit to a breathalyzer, urine, or blood test if you are lawfully pulled over by an officer who has probable cause to believe that you have been driving under the influence of drugs or alcohol. Failure to consent to chemical testing at the time of arrest means that your driving privileges will be automatically suspended, regardless of the outcome of the criminal case against you. While it is imperative that you speak with an attorney as soon as possible, it is important to note that you do not have the right to speak with a lawyer before submitting to chemical testing. Insisting that you do may only antagonize the situation and result in additional charges.

Control of the Vehicle

It is also important to note that you do not necessarily need to be driving the car at the time of arrest to be charged with DUI. Officers need only to prove that you were in physical control of the vehicle, with the ability to start and move it, at the time of arrest. If, for example, you are taking a nap in the front seat of the car with the heater on, you may be charged with DUI—even if you were not planning on operating the vehicle at all.

Get the Help You Need

If you are facing charges of driving under the influence, it is crucial to seek guidance from an experienced Elgin criminal defense attorney. Call 847-488-0889 for a free consultation at The The Law Office of Brian J. Mirandola today. We can help minimize the potential damage to your future.


Last modified on
Avvo Illinois State Bar Association Kane COunty Bar Association
Back to Top