DUI Aftermath: What Happens after You Fail a Breathalyzer Test?

 Posted on December 21,2016 in DUI

Being pulled over for suspicion of driving under the influence is an unnerving experience regardless of the circumstances. When collision damage or injury is involved, the driver faces even greater challenges in a court of law, as penalties for DUI are often both strict and severe. Merely being pulled over for the suspicion of operating a vehicle under the influence is enough to cause a stir, but the moment you decide to comply with an officer’s request to submit to a breathalyzer test and fail, the situation automatically goes from bad to much worse.

Consequences Following a Failed Test

Any failed breathalyzer test indicates the driver’s BAC was .08 or higher at the time of the test, and may also mean that traces of other drugs were found in the driver’s system.The consequences following a failed breathalyzer can vary depending on the convictions surrounding your arrest, but the initial damage for a first offense includes an immediate statutory suspension of driving privileges for a minimum of six months. For a second or subsequent offense within a five-year period, a failed breathalyzer test will earn you a suspension of driving privileges for one year.

First-time offenders who fail a test will also be required to have a Breath Alcohol Ignition Interlock Device (BAIID) installed in their vehicles. Additionally, the state of Illinois will require a camera unit on the BAIID device. This is deemed necessary to capture images of the offender as they perform their breath tests. Along with the BAIID device installation and damages to the offender’s driving privileges, further criminal charges may apply as the failed breathalyzer test is used against the driver as evidence in a court of law. The moment authorities have a failed sobriety test on record, they will rely heavily on its results in prosecution. If you are convicted of DUI, you will be served with a combination of fines, community service, and jail time, as well as  misdemeanor or upgraded felony charges, which can impact your present and future employment opportunities.

The Next Step

As soon as you are made aware you have failed a breathalyzer test, your first course of action should be to contact a skilled, qualified Chicago drunk driving defense lawyer who can address all of your concerns and represent you in court. As your case unfolds, you will need guidance as you attempt to reinstate your driving privileges and protect your record. If you feel your case is being handled unjustly after failing a BAC test, call the Law Offices of Hal M. Garfinkel LLC, Chicago Criminal Defense Attorney today at 312-629-0669 for a personal consultation.

Sources:

https://www.cyberdriveillinois.com/departments/BAIID/baiid.html

https://www.cyberdriveillinois.com/publications/pdf_publications/dsd_a118.pdf