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Arlington Heights, IL criminal defense attorney DUI

It is very scary to see the lights of a police car and hear the siren any time you are on the road. When the officer approaches your window and starts asking questions, it is natural to be nervous. Law enforcement officers are often overzealous when they are trying to make an arrest, and they may say you are legally obligated to perform certain tasks. One of these might be submitting to a breathalyzer test. So, can you refuse the breathalyzer test? You can, but there are consequences you may face. Regardless of the choice that you make at the stop, an experienced DUI lawyer can help with your case.

Implied Consent Laws in the State

The law in Illinois states that all motorists have given implied consent to blood alcohol content (BAC) testing every time they get behind the wheel. However, this law only applies when you have been arrested for a DUI. This means that until the officer arrests you on suspicion of a DUI, you are under no obligation to submit to a breathalyzer test. Regardless of what the police officer says, they cannot force you to take the test unless you have been arrested. Even then, no one can physically force you to take the test, but there are consequences if you refuse.

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Rolling Meadows, IL DUI defense attorney

One of the most common crimes committed on the roads of Illinois is driving while under the influence (DUI). According to data from the Illinois Secretary of State, there were more than 26,200 drivers arrested for DUI across the state of Illinois in 2019. Being charged with driving while you are impaired can result in serious penalties, such as jail time, driver’s license revocation, and fines. However, certain circumstances can dictate how severe your penalties are, including what your BAC level is. In Illinois, a higher BAC could also mean a more serious sentence. Hiring an Illinois DUI defense lawyer is strongly advised if you are facing any kind of DUI charge.

Illinois DUI Charges and Your BAC

Before you are even arrested, the officer who pulled you over will likely begin to evaluate you to determine if you are intoxicated or impaired in any way. You may be asked to submit to field sobriety tests, which may consist of a walk-and-turn test, one-leg-stand test, or possibly even a preliminary field breathalyzer test. A breathalyzer is an important tool in determining whether or not a person is impaired because it can inform the officer of the driver’s blood alcohol content (BAC).

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Arlington Heights, IL DUI defense attorney

When you are pulled over because a police officer suspects that you are driving under the influence (DUI), you will probably be asked to take a breathalyzer test to determine your blood alcohol content (BAC). In Illinois, you are legally considered to be driving under the influence of alcohol if your BAC is 0.08 percent or above. What you may not know, however, is that you can still actually be arrested and charged with DUI even if your BAC is below the legal limit. The best way to avoid a DUI arrest and conviction is to understand your rights as a citizen of Illinois and avoid putting yourself into risky situations. If you have been arrested for DUI, a skilled criminal defense lawyer can be an invaluable asset.

Alcohol Use Under the Legal Limit

The legal limit anywhere in the United States to be considered intoxicated is 0.08 percent, but that does not mean that you cannot be charged with DUI if your BAC is below that. Illinois law states that a person may not drive or be in actual physical control of a vehicle if his or her BAC is 0.08 or more OR if he or she is under the influence of alcohol. This open-ended law allows police officers to use their judgment and determine whether a person is incapable of safely operating a vehicle, regardless of his or her actual BAC.

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Rolling Meadows driving under the influence defense lawyer

The state of Illinois has some of the strictest DUI laws in the country. Even for a first offense of driving while under the influence, you can lose your driving privileges. In fact, through a statutory summary suspension, your driving privileges can be taken away without ever even being convicted of a DUI if you fail or refuse to take a chemical blood alcohol test. If your driving privileges are suspended because of a DUI, you do have options for driving relief during your suspension period. Depending on your circumstances, you can get a monitoring device driving permit (MDDP) or a restricted driving permit (RDP), both of which require the installation and use of a breath alcohol ignition interlock device (BAIID). If you lose your driving privileges, here are a few things you should know about BAIIDs:

  1. A BAIID Uses Your Breath to Determine if You Are Sober

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Arlington Heights DUI defense attorneyBeing 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.

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