Counsel from an Arlington Heights DUI Lawyer
If you have been arrested for a DUI, it is very important to understand Illinois' implied consent law. Implied consent states that after a motorist is arrested for a DUI, then that motorist consents to chemical test administered by the arresting officer. This test is used to determine if the driver has a blood alcohol content (BAC) at or over 0.08, the state legal limit. It is administered as soon as possible after the arrest is made and suspected drivers do not have the right to speak to an attorney before submitting to it.
Note that this mandatory test is administered after a DUI arrest has already been made. There are other cases in which officers might administer a preliminary breath test to determine probable cause. This is when law enforcement suspects a motorist to be driving intoxicated and wants to determine BAC. This preliminary test can be refused by a motorist, but the refusal is likely not to sit well with the officer.
Can I refuse a BAC test after a DUI arrest?
After a DUI arrest, refusing the breath test results in penalties for the motorist in custody. These penalties are not dependent on an illegal BAC, but are considered a compliance issue.
The penalties for refusing BAC test following a DUI arrest:
- First DUI offense: One year license suspension
- Second DUI offense: Three year license suspension
- Third DUI offense: Three year license suspension
There are other important things to note here. First is that an arrested motorist does not have preference as to which kind of BAC test they can take—this is up to the arresting officer and can include a breath, blood, or even urine test. The officer should also inform the motorist that there are penalties for refusal. Lastly, after an implied consent BAC test, the arrested motorist can request additional tests from a medical professional of their choosing, at their own expense.
Chiapelli Law Offices Knows Your Rights
As you can see, the process of making a DUI arrest is highly regulated with many steps. In the hustle and bustle of an arrest, it is common for motorists, and even officers, to make mistakes that can result in negative consequences for the suspected parties. If you've been arrested for a DUI and believe that your BAC test was mishandled, you absolutely need counsel from an experienced DUI lawyer.