Refusing a Breathalyzer Test – What are the Legal Consequences?

Posted by John Callahan | Jun 26, 2018 | 0 Comments

 The legal consequences of refusing a breathalyzer test in Illinois range from anywhere from a one year suspension of your driver's license to a three year suspension. Even if you refuse a breathalyzer, state prosecutors could base a DUI charge on direct and circumstantial evidence. Since driving is viewed as a privilege and not a right, Illinois has adopted an implied consent law, meaning that by operating a vehicle, you automatically consent to a breathalyzer test and other such tests if you are arrested for probable cause.

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.

But there is a way to minimize the potential that your license will be suspended for the DUI arrest.  That is to file a Petition to Rescind the Summary Suspension in Court immediately after you have been arrested for the DUI.  We have won hundreds and hundreds of cases by beating the suspension of our client'c licenses, just because we filed the Petition to Rescind immediately.  This gives you the chance to beat the suspension, keep driving, and remove the suspension from your drivers license.

For your license to be suspended under Illinois Statute 625-5/11-501.1, the State must first show that the arresting officer had probable cause to arrest you. If you have refused a breathalyzer test, contact the DUI defense team of John W. Callahan, Ltd immediately. Our team will determine if your arrest was illegal or if there were any procedural problems with the notice of the suspension, and challenge the legality of the arrest at a pre-trial hearing to prevent evidence used after your arrest from being used against you.

Contact the law offices of John W Callahan Ltd., today for ANY of your DuPage, Cook or Kane County DUI questions.

About the Author

John Callahan

You never get a second chance to make a first impression. You may also never get a second chance to preserve your freedom if faced with criminal or DUI charges. If you are currently facing criminal charges, contact the law offices of John W. Callahan to protect you, your rights and your freedom. ...


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