The legal consequences of refusing a breathalyzer test in Illinois range anywhere from an automatic one-year statutory summary suspension of your driver’s license to an actual DUI conviction.
DUI lawyer John W Callahan discusses the basics of what to expect after a DUI arrest in Illinois.
Your refusal to take a field sobriety test is not an automatic admission of guilt and with the help of an experienced DUI attorney, you could fight the prosecution’s presumption of guilt. If you submitted to a field sobriety test, an experienced DUI attorney can fight to have the results of the field sobriety tests excluded from evidence, in addition to having the arresting officer’s testimony discredited.
If you refuse a breathalyzer test and it is your first offense, your license could be suspended for twelve months as a penalty. If it is your second or third offense, your license could be suspended for up to three years. However, if you already have two or three DUI’s on record, a license suspension for refusing a breathalyzer is a small price to pay compared to jail time for another DUI conviction.
Illinois DUI arrest and DUI defense lawyer discusses DUI cases and arrests over holiday weekend