When a person is pulled over by a police officer or highway patrolmen, it is entirely common to feel helpless. If you are driving home after a night spent with friends and are fearful that you may be driving over the legal limit for blood alcohol content (the nationwide legal BAC limit is 0.08), it is important to know how to react. If convicted of a DUI, you could face significant fines, loss of driving privileges, and even potential jail time. Due to the severity of the criminal punishment that an offender can face for driving under the influence, it can be wise to refuse chemical testing. Below we will examine the potential ramifications of a test refusal.
According to Illinois state law, a driver must adhere to an officer’s request for a chemical test. This is written in Illinois’ implied consent law, which states that a driver has authorized consent for testing of breath, urine, or blood if an officer deems probable cause of intoxication. It should be noted that refusal of chemical testing is not a criminal offense, but can come with significant ramifications.
After refusal of chemical testing, you will automatically face statutory summary suspension, given by the Illinois Secretary of State’s office. The most notable consequence of a first-time test refusal is a license suspension of 12 months. If a driver is refusing chemical testing for a second time, within a five year period of the first refusal, they will face an automatic suspension of three years.
While a driver’s license suspension can be frightening, a skilled attorney can help you secure a monitoring device driving permit (MDDP). An MDDP will allow a driver to operate their vehicle if the vehicle is equipped with a breath alcohol ignition interlock device (BAIID). Unlike a restricted driving permit, an MDDP allows a driver to drive to any location, as long as the driver has tested their blood alcohol content, prior to operation.
In the event that you have been charged with a DUI or refuse to take part in chemical testing, it is important to act quickly. After your arrest, you need to seek out the help of a legal professional. At J. Aldrich Law, P.C., we fully understand how critical a person’s driving privileges are to their livelihood, and will do everything we can to ensure that you still have the right to operate your vehicle.
With years of experience in the state of Illinois, we are confident in our ability to aggressively represent our clients, throughout the trial process. To schedule a complimentary consultation with a knowledgeable Naperville criminal defense attorney, call our team today at 630-953-3000.