Understanding the Legal Ramifications of Refusing a Breathalyzer

 Posted on June 27, 2019 in DUI

When a person is pulled over by a police officer, it can be difficult to maintain a level head. Because of this, many people lose their ability to contemplate their decision-making process. In all reality, it is of the utmost importance to remain calm and understand your rights and privileges, especially as it pertains to a DUI traffic stop. Many people make the mistake of feeling as though failure to adhere to every single request of the officer represents insubordination that could impact them in court. Yet, it is important for you to understand your rights and how declining to answer a question or take part in chemical testing could impact you. If you are charged with driving under the influence, speak with a qualified legal professional immediately.

Refusing Chemical Testing

If a person is convicted of a DUI, their life can be changed dramatically. Even a first-time DUI offender is likely to face Class A misdemeanor charges, minimum fines of up to $500, and loss of driving privileges for one year. The legal consequences of additional DUIs are even more significant. Understanding the legal severity of DUIs, it is important to understand how refusing chemical testing can impact you.

The first thing to understand is that you are not breaking the law when you refuse to submit to chemical testing. Now, you are violating your driver’s license agreement that states that you are consenting to certain steps such as chemical testing if deemed necessary by law enforcement. All that said, chemical test refusal is not something that will show up on your criminal record, but will impact your driving privileges.

According to the Illinois’ Secretary of State’s Office, failure to submit to chemical testing will result in a one-year license suspension. If you decline to take part in chemical testing again within a five-year period from the first refusal, you will receive a suspension of three years. It should be noted that these suspensions do not necessarily mean that you will lose your driving privileges altogether. A person that loses their license due to test refusal is eligible for a Monitoring Device Driving Permit (MDDP).

Contact a Naperville DUI Lawyer

Facing a DUI charge can be terrifying, the sheer impact that a conviction can have on a person’s livelihood, should not be understated. Recognizing this, Attorney Patricia Magaña is prepared to do whatever it takes to help her clients avoid a conviction. If a conviction is unavoidable, she will guide you through the necessary processes to regaining your driving privileges. To schedule a complimentary consultation with a skilled Will County criminal defense attorney, call us today at 630-448-2001.

Source:

https://www.cyberdriveillinois.com/publications/pdf_publications/dsd_a118.pdf