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Illinois breathalyzer defense lawyerWhen one is pulled over for suspicion of driving drunk, they may be asked to submit to a breathalyzer test. While, ultimately, you do have the right to refuse this test, doing so could increase your odds of experiencing an arrest and the subsequent penalties. Submit and blow a blood alcohol concentration (BAC) that registers over the limit and you will be arrested anyway.

What is BAC and how does it affect your ability to drive? The following information explores the answer to these questions. You shall also learn how to fight back against the potential consequences of a DUI, including the suspension of your Illinois’ driver’s license.

What is BAC?

BAC is a measurement of the amount of alcohol in your bloodstream (or your “level of intoxication”) and it can only be accurately determined through a blood test. (Note that not all blood tests are accurate.) Obviously, law enforcement would not be able to use this type of testing out in the field, which is why they have breathalyzers. Able to detect the amount of alcohol in the mucous membranes of your mouth and throat, it can establish enough probable cause for a DUI arrest. Should that occur, you may be faced with serious criminal consequences.

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Illinois DUI defense attorneyAll Illinois drivers give “implied consent” to breath, blood, and urine alcohol testing from the moment that they obtain their license. What does this mean, and what happens if you refuse a chemical test? The following information explains, and it provides some important details on where to find assistance with your Illinois DUI case.

What is the Implied Consent Law?

The implied consent law states that drivers must submit to a chemical test upon arrest or face the consequences. Keep in mind that this test is different than the preliminary test, which may be given either in lieu of or conjunction with a field sobriety test. The law says you give implied consent to this testing as well, but you can refuse it. Doing that may not help your case if the officer has another reason to suspect that you were driving while under the influence, but refusing a preliminary test rarely leads to a consequence. That is not the case with the refusal of the chemical test, which is usually requested shortly after your arrest.

What Happens When You Refuse a Chemical Test?

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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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