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IL defense lawyerIn the state of Illinois, a DUI conviction can come with serious legal consequences. Even a first-time DUI offender will face Class A misdemeanor charges and a minimum revocation of driving privileges for one year. While it is always wise to comply with the requests of the officer and remain composed, it is also important to understand that refusing a breathalyzer test is not a criminal offense. Below we will discuss some of the reasons why you could consider refusing testing during a DUI traffic stop. If you have been charged with driving under the influence of alcohol, seek out the guidance of a knowledgeable attorney.

The Consequences

While refusing to take part in a breathalyzer test is not a criminal offense, it is an administrative offense. In other words, because driving is a privilege and not a right, you provide implied consent to submit to a breathalyzer test if requested by law enforcement officials, the moment you become a licensed driver in the state of Illinois. Because of this, refusal to submit to testing will result in a 12-month suspension of driving privileges. A driver that refuses testing will likely be eligible to continue driving with a Monitoring Device Driving Permit (MDDP). A second refusal will result in another suspension, this time for a three year period. A two-time offender will be deemed ineligible for an MDDP.

The Potential Benefits of Refusal

Refusing a breathalyzer test can be the right decision during a DUI traffic stop. First and foremost, a refusal can result in administrative offense rather than a criminal offense on your permanent record. It should be noted that a refusal to submit to a breathalyzer does not always mean the case will be dismissed. A prosecutor will face more challenges proving the DUI charges in court, without the evidence of a blood alcohol content result. The prosecution will rely on the officer’s statement, video recordings, any field sobriety testing that took place, and witness testimony. Without the evidence from a breathalyzer test, your attorney will have a better chance of ensuring that charges are dropped.

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1555 Bond Street, Suite 103A, Naperville, IL 60563

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