DUI Breath & Blood Tests in Illinois
Counsel from an Arlington Heights DUI Lawyer
If you have been arrested for a DUI, it is very important to understand
Illinois' implied consent law. Implied consent states that after a
motorist is arrested for a DUI, then that motorist consents to chemical
test administered by the arresting officer. This test is used to determine
if the driver has a blood alcohol content (BAC) at or over 0.08, the state
legal limit. It is administered as soon as possible after the arrest is
made and suspected drivers do not have the right to speak to an attorney
before submitting to it.
Note that this mandatory test is administered after a DUI arrest has already
been made. There are other cases in which officers might administer a
preliminary breath test to determine probable cause. This is when law
enforcement suspects a motorist to be driving intoxicated and wants to
determine BAC. This preliminary test can be refused by a motorist, but
the refusal is likely not to sit well with the officer.
Can I refuse a BAC test after a DUI arrest?
After a DUI arrest, refusing the breath test results in penalties for the
motorist in custody. These penalties are not dependent on an illegal BAC,
but are considered a compliance issue.
The penalties for refusing BAC test following a DUI arrest:
First DUI offense: One year license suspension
Second DUI offense: Three year license suspension
Third DUI offense: Three year license suspension
There are other important things to note here. First is that an arrested
motorist does not have preference as to which kind of BAC test they can
take—this is up to the arresting officer and can include a breath,
blood, or even urine test. The officer should also inform the motorist
that there are penalties for refusal. Lastly, after an implied consent
BAC test, the arrested motorist can request additional tests from a medical
professional of their choosing, at their own expense.
Ahmad Law Firm Knows Your Rights
As you can see, the process of making a DUI arrest is highly regulated
with many steps. In the hustle and bustle of an arrest, it is common for
motorists, and even officers, to make mistakes that can result in negative
consequences for the suspected parties. If you've been arrested for
a DUI and believe that your BAC test was mishandled, you absolutely need
counsel from an experienced DUI lawyer.
Moe Ahmad Esq. is a former prosecutor who has handled countless DUI cases.
He can bring a comprehensive understanding to your DUI case that few other
criminal defense lawyers can provide.
Contact Ahmad Law Firm today to obtain an insightful and dedicated defense for your DUI charge.