Being pulled over can be scary. Matters become worse when the officer comes to your window and asks you to step out of your car, or requests that you submit to a breathalyzer or chemical test. Do you really have to comply, though? What, exactly, are your rights in this situation? More importantly, what are the potential consequences for refusing to comply? The following explores these questions, and provides you with information on where to find help with your DUI case.
Ownership of a License and Implied Consent
When you applied for your driver’s license, and that application was approved, you gave what is considered “implied consent.” Essentially, this means that you gave consent, at that time, to be tested for impairment if an officer pulls you over or arrests you for suspicion of a DUI. Now, they cannot force you to submit to chemical or breath tests. They can, however, arrest you and suspend your license for failure to submit to chemical or breath testing.
Potential Consequences of Noncompliance
Refusing to submit to a chemical or breath test can result in an automatic one-year suspension of your license for a first offense. If it is your second or any other subsequent refusal within a five-year time span, your license can be suspended for three years. Further, subsequent refusals could bar you from obtaining a Monitoring Device Driving Permit (allows you to drive with a Breath Alcohol Ignition Interlock Device).
Fighting Against the Charges
Refusing to submit to a chemical or breath test does not necessarily protect you from DUI charges. Instead, the officer can try to use other observations to convict you. Further, the courts may view your refusal as evidence that you were, in fact, intoxicated at the time. Thankfully, an attorney may be able to help mitigate the consequences.
Contact Our Arlington Heights Criminal Defense Lawyer
Whether you are facing the possibility of a suspended license, jail time, or other consequences for a DUI charge or failure to submit to chemical testing, it is critical that you have someone on your side, protecting your rights. Scott F. Anderson, Attorney at Law, can provide you with the aggressive and attentive representation you need. Dedicated and experienced, our Arlington Heights DUI defense lawyer will fight for the most favorable outcome possible for your situation. Call 847-253-3400 to schedule a consultation today.
Client accused of burglary was acquitted due to our skillful cross examination of eye witness identification.
Client accused of causing the death of another while driving under the influence - Acquitted.
Client accused of first degree murder - Acquitted.
Client accused of embezzlement - Charges never filed.
Hundreds of Secretary of State hearings for Drivers License Reinstatement - Won.