In DUI law, one of the biggest questions people have about what to do when pulled over for suspected drunk driving is, should I blow or not? The quick answer is unsatisfying: it depends. There are situations where the best response is to blow, and situations where it would be better not to.
Illinois, like many states, penalizes suspects who choose not to take a breath test. If you are arrested for a DUI and you blow over .08% BAC, you will have your license suspended for six months. However if you are arrested and you refuse to take a breath test, you will have your license suspended for twelve months if you cant beat the statutory summary suspension. This legislation is intended to encourage people to take the breath test; however, many people choose not to blow so that there is less evidence to be used against them in court. The problem becomes more difficult on a second DUI conviction. Refusal to blow will result in a three year suspension of your driver's license, but blowing over .08% will leave you with only a year of suspension. The choice of whether or not you should blow is weighing two risks – on one hand, the risk that you will face greater punishment, and on the other hand, the risk that you will give the state incriminating evidence that can be used against you. It should always be remembered that police do not rely exclusively on breathalyzers to determine whether or not someone is too intoxicated to drive; most police officers are familiar with alcohol and presumed capable of determining if someone is drunk. This testimony can and should be challenged in court, but you should never assume that you'll be able to get off by refusing to blow when the officer already had plenty of reasons to suspect that you were drunk. With that said, if I had my choice in trying to win a DUI case, I would always choose for my client to refuse the breathalyzer in Illinois for the best in having a successful outcome.
The decision whether or not to blow can only be made based on your situation. The important thing to remember is, no matter what decision you made in the moment, there are always strategies for fighting the charges. The DUI Defense attorneys at John W. Callahan ltd. are experienced fighting DUI charges and know all the strategies necessary to provide you with legal help you need.
Posted by DUI Lawyer John W Callahan