Accused DUI Driver Rights: Chemical Test Refusal

 Posted on May 29, 2015 in Uncategorized

Being arrested and charged with driving under the influence (DUI) in Illinois can be embarrassing and frustrating, but you do have rights during this process. Sometimes, unfortunately, law enforcement officers may take advantage of your confusion or shock and are not upfront about making your rights clear to you. This is why you need an attorney as soon as possible after DUI charge to discuss your case with an experienced professional.

You do have the right to refuse testing of your urine, blood or breath in Illinois. It is extremely important to know, however, that opting for this may result in immediate consequences. By operating a motor vehicle within the state, the law in Illinois assumes that you have granted your implied consent to comply with requested chemical testing. If you decide not to participate with the test, you may face a suspension of driving privileges for one year for your first refusal, with relief programs available after 30 days. A second refusal will result in a three-year suspension of driving privileges with no eligibility for driving relief programs.

In the heat of the moment, it might seem like refusing the test is the right thing to do. Be aware, though, that this could lead to immediate suspension. While it’s your “right” to refuse the test, you may be losing your right to drive in the process. You should discuss the exact details of your case with your attorney.

The state of Illinois has serious consequences if you are convicted of driving drunk. These include fines, participation in educational programs, and even prison time. Do not underestimate how seriously your case could be handled if you have been accused. Exercise your right to legal representation by contacting an experienced Chicago DUI defense attorney.  Attorney Hal M. Garfinkel is familiar with the Illinois DUI process and can assist you with your case. Call today to schedule your free consultation and put our hard-working team on your side.