What Happens if I Refuse a Breath Test in Illinois?

 Posted on October 03, 2024 in DUI

While laws vary from state to state, some are constant throughout the country. One of these is the prohibition against driving while under the influence of alcohol. While all states prohibit driving over the legal limit, not all states require people to submit to breath tests to determine their blood alcohol content.

In an "implied consent" state like Illinois, however, drivers are expected to submit to testing to a police officer’s request to determine whether they are intoxicated. If you refuse to take a breath test, your license will get suspended. To learn more, speak with an experienced Kane County, IL DUI lawyer.

How Long Will My License Be Suspended if I Blow Over the Limit?

If your blood alcohol concentration (BAC) is higher than the legal limit, your license will be suspended. If you refuse to take the test, the suspension is generally longer. If you are a first offender or have not had a DUI arrest in the past five years, your license can be suspended for six months if you fail the breath test and twelve months if you refuse to take it. If this is not your first offense in the past five years, your license can be suspended for twelve months if you fail the breath test and three years if you refuse to take it. Subsequent DUIs will result in longer suspensions and even license revocations.

Will I Be Convicted of a DUI if I Do Not Take a Breathalyzer? 

Even if your refusal means there is no data showing that you were intoxicated while driving, the prosecution can use your refusal against you in a criminal drunk-driving case to indicate a general trend of drinking and driving. Not taking the breath test does not mean you will not be convicted of driving under the influence.

Can I Still Drive to Work if My License is Suspended for a DUI? 

Those whose licenses are suspended due to a DUI have a couple of options for continuing to drive. They can apply for a hardship license, which allows them to drive to certain limited places like work, school, medical care, child care, or alcohol rehabilitative activities. They can also apply for a temporary permit that will have restrictions on when and how far they can drive as long as a breath alcohol ignition interlock device (BAIID) is installed in their car.

If you refuse a breath test, you will not be eligible for either option. Some people think that refusing a breathalyzer makes it less likely that they will be convicted of a DUI. Not only is this not true, but the consequences of refusing a breathalyzer can be much more serious than cooperating with police, especially if this is your first DUI.

Schedule a Free Consultation with an Aurora, IL DUI Lawyer

Being pulled over on suspicion of drunk driving can be stressful. You might not always be able to think clearly and make the best decisions. If you refused a breath test and are concerned about how this might affect you, speak with a qualified Kane County, IL DUI attorney to understand the implications of the charges you face. At The Law Office of Brian J. Mirandola, we are passionate about helping our clients understand all their rights and options, so call us at 847-488-0889 so we can work together on moving forward.