Pioletti & Pioletti
Eureka, IL LOCATION
24/7 live phone answering
In Illinois, if a driver refuses to take a breath test / breathalyzer or registers a blood alcohol concentration (BAC) of .08 percent or more, his or her driver’s license will be suspended by the Secretary of State. Illinois is an “implied consent” state, which means that all drivers who do not consent to chemical testing by a law enforcement officer are subject to penalty. The period of suspension for DUI offenders who refuse chemical testing is longer than for those who submit to a breath test and are over the limit.
For a first time offender, failure of a breath test results in a 6-month suspension of your driver’s license, while refusal to take a breath test results in a 12-month suspension. For a non-first time offender, failure of a breath test results in a 12-month suspension of your driver’s license, and refusal to take a breath test results in a 3-year suspension. Refusal to submit to a breath test can be used against you in court. However, breathalyzer machines can be challenged. If police do not have “reasonable suspicion” to ask for a breath test, such as signs of intoxication, or if the test is administered improperly, the test can be successfully challenged.
Whether you submit to a breath test or not, there are positive ways to fight a DUI. An experienced attorney can guide you through the process and discern the appropriate direction to take the case based upon specific facts from your situation. Regardless of the extent of the evidence against you, there are ways to avoid a DUI conviction. At Pioletti & Pioletti, we offer a free initial consultation where we will listen to your side of the story and assess the proper way to handle your case moving forward.