Illinois has specific laws that lay out the rights of motorists during a DUI traffic stop, as well as the consequences of refusing to submit to field sobriety tests, breath tests and other DUI-related testing.

It is important to have a firm understanding of your rights as well as the potential consequences of your actions so you can make an informed decision about whether it is in your best interest to submit to testing during a traffic stop.

When Will A Test Be Requested?

Illinois police officers, state patrol officers and other law enforcement officers will request a test when they believe they have reasonable suspicion that a driver is under the influence of alcohol, drugs, or another substance. Field sobriety tests and breath tests are the most common.

What Are The Consequences Of Refusing A Test?

The consequences of refusing testing depend on the test:

• Breath test 
  • If a first offender, you will face a statutory summary suspension of your driver’s license for one year
  • If you are not a first offender, you will be ineligible for a Monitored Device Driving Permit during the statutory summary suspension
• Field Sobriety Tests
  • In a DUI-Cannabis investigation, if you refuse field sobriety testing, you may face a one-year statutory summary suspension
• Blood Test
  • If you refuse to comply with a search warrant requesting a blood test, you may be charged with a class 4 felony for Obstruction of Justice.

In almost all cases, the potential penalties for refusing to submit to testing are used to try and gain more evidence to be used against the Defendant. In general, you will have a more defendable case with less evidence.

Whether you refused testing or submitted to testing, it is crucial to seek the counsel of an experienced DUI defense attorney to limit your criminal exposure as much as possible after a DUI arrest.

Speak With A DUI Defense Attorney Today

Get in touch with The Nold Law Firm, LLC today to discuss your options.