Why You Should Refuse The Breathalyzer

If the police pull you over on suspicion of drunk driving, the decisions you make at this crucial moment could have a lasting impact on your future. One of the toughest decisions is whether to submit to the Breathalyzer test. In many situations, the best decision is to refuse the test.

Generally speaking, if you feel that you will pass the tests, you should take them. If you believe you will likely fail the tests, you should politely refuse.

The most important thing you can do after a drunk driving arrest is talk to a knowledgeable criminal defense lawyer at the earliest opportunity. At Richard F. Blass & Associates, LLC, we can provide you with informed advice on Breathalyzer and field sobriety tests, Illinois implied consent laws and other critical defense law matters. We provide strong DUI defense representation to clients in Chicago, DeKalb, Elmhurst and throughout surrounding Illinois communities.

There Are Two Types Of Tests

The consequences of refusing the Breathalyzer test differ depending on whether you refuse to take the preliminary test or the official chemical test:

  • The police administer the preliminary Breathalyzer tests with a handheld device at the scene of the DUI stop. You do not have to take this test. The evidence obtained from this test is not admissible in court. You will not risk your driving privileges by refusing.
  • The official chemical test is a measure of the blood alcohol concentration in your blood, breath or urine. The police conduct this test at the police station after the drunk driving arrest. Evidence obtained from the official test is admissible in court and your driving privileges will be impacted if you refuse.

Under Illinois implied consent laws, all drivers have implicitly consented to a breath test simply by driving on the road. By refusing the official chemical test, you will have a driver's license suspension.

You do not have to accept this outcome without a fight. An experienced DUI defense lawyer can examine all aspects of your stop and arrest to determine if your rights were violated at any point during the process.

Protect Your Driver's License With A Strong Legal Defense

Arrested for drunk driving or felony DUI in Illinois? The more information you have about chemical tests, the better chance you have to keep your DUI record clean. To talk to one of our experienced defense attorneys about your criminal law matter, please contact us online or by telephone at 630-782-2000.