Illinois DUI: Should I Refuse Chemical Testing for DUI?
In Illinois, you are required under the law to submit to a urine, blood, or breath test if arrested for or under suspicion of DUI. Under the state’s implied consent statute, in the event that a law enforcement officer arrests you for a possible DUI, you automatically consent to chemical testing to determine your BAC or blood alcohol content level.
What Happens If You Refuse Chemical Testing?
First off, take note that you won’t have the chance to talk to your lawyer prior to the chemical testing because the test will be administered as soon as the police officer stopped your for a possible DUI. However, while the officer will select the specific test you must undergo, later on, you could submit to other tests administered by your chosen medical professional. In the event that you don’t agree to test, the court could suspense your driving privileges for one year if it’s your first DUI offense, two years if it’s your second DUI offense, and three years if it’s your third DUI offense. Knowing this, should you submit to or refuse DUI testing?
What You Should Do
According to a seasoned DUI lawyer in Springfield, Illinois, refusing DUI testing won’t really help your case because the punishment for refusing testing is milder than the consequences of being convicted of DUI. In addition, your refusal doesn’t mean that you will not get convicted since the court could still find you guilty even if refusing the DUI tests mean that they don’t have proof that your BAC level is higher than the legal limit. The prosecution could actually use your refusal to argue that you didn’t want to be tested because you’re guilty.
Whether you’re previously convicted of DUI or not, your best bet is to seek help from an experienced DUI lawyer. This is especially true if you have a history or DUI arrests or if the situation involved injury or damage to people or property.