Refusing a Chemical Test during DUI Arrest in Illinois

 Posted on November 17, 2014 in DUI and Breath Alcohol Tests

Reports indicate that approximately one-quarter of people pulled over in the U.S. refuse a breathalyzer test if asked. This can have serious consequences, even if you have not been drinking. Illinois driving laws include a clause that allows for a person’s license to be revoked purely on his or her refusal to submit to chemical testing when pulled over. In fact, a person can have his or her license suspended for a full year for refusing a breathalyzer test in Illinois. This is six months longer than if a person submits to a breathalyzer test and is found to have a blood alcohol content above the legal limit.

Recently, a Chicago guitarist was arrested for a drunk driving incident in which he allegedly struck and killed a pedestrian, and had a blood alcohol content that was twice the legal limit. However, when initially questioned, he refused to take a field sobriety test. He finally submitted to a breathalyzer nearly seven hours after the incident while he was in holding.

There are three types of chemical testing to determine sobriety employed by the state of Illinois—breath, urine and blood. According to DrivingUniversity.com, this is because in Illinois a statute of "implied consent" applies. By getting into your car and starting the ignition after you have been drinking, you automatically consent to a chemical test for alcohol in the event that you are asked. This is known as a "No Refusal" law. According to WGEM.com, there are currently nine states, Illinois included, that have No Refusal laws in place.

If you have been accused of drinking and driving, whether you submitted to a chemical test or not, do not go through it alone. Seeking the counsel of a qualified attorney is the single-most important thing you can do to get your life back on track. Contact an Arlington Heights drunk driving lawyer for a free initial consultation today.