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Tag Archives: DuPage County DUI defense lawyer

DuPage County DUI defense lawyer, refuse the breathalyzerIt is popularly suggested that drivers suspected of driving under the influence submit to field sobriety testing in order to avoid a DUI charge. While there may be several reasons why one should avoid these tests in many other states, the state of Illinois has enacted steps to “persuade” drivers to do so. In most cases, refusal would not be in one's favor. However, with the most commonly used form of sobriety tests, the breathalyzer, it is important to understand that the technology has many downfalls. 

Laws to Prevent Refusal 

The state of Illinois is an “implied consent” state. This ultimately means that in return for driving permissions, if you are arrested for DUI and the arresting officer had probable cause for the arrest, then you are consenting to a chemical test of your blood alcohol content (BAC). This can be in the form of blood, breath or urine.

The law goes on to explain that you also consent to a preliminary test, which in most cases use a breathalyzer test. The results of the preliminary test will be used to establish probable cause, which may result in an arrest. After the arrest is made, then you are required to submit to chemical testing. However, if you refuse to take the chemical test, then you will be subject to penalties, which the officer is required to tell you at the time of refusal. Penalties for refusal include: 

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consequences for dui in illinois, DuPage County DUI lawyerOne of the most common ways for people to get tangled up in the criminal justice system is by being arrested for driving under the influence (DUI). The consequences for a DUI depend many different factors, but can include jail or prison time and large fines. There are also consequences for your driving privileges that may last even if you are not convicted of a crime.

What DUI Means in Illinois 

Under Illinois law if you are under 18 and you have any alcohol in your blood you will be charged with DUI. If you are operating a commercial vehicle with a Commercial Driver’s License, you will be charged with DUI if you have a blood alcohol content (BAC) of .04 or higher. Drivers over age 21 will be charged with DUI if their BAC is .08 or higher.

You can be charged even if your BAC is lower than .08, if a police office determines that you are too impaired to drive. If your blood has any traces of illegal drugs like marijuana or methamphetamine you will be charged with DUI. If you have prescription drugs in your system and a police officer judges you to be too impaired to drive, you will be charged with DUI.

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