DUI Arrests: What to Expect When You are Presented with a Breathalyzer Test

 Posted on November 16, 2022 in Uncategorized

Being pulled over, no matter the reason, is always an unnerving experience. If you are pulled over under the suspicion of driving under the influence (DUI), it is possibly one of the most serious crimes a driver can face when it comes to breaking the law behind the wheel. The crime is severe, and the consequences can be tragic, especially when the offense could have been prevented entirely by taking a cab home or calling for help.

You Must Make a Choice

If you are an Illinois driver who has been pulled over due to suspicion of operating under the influence, one of the first things you can expect to face upon arrest is a breathalyzer test. Although you are confronted by law enforcement to submit to this test, it is up to you to refuse or submit. You have the right to make a choice. It is important to note, however, that many criminal defense attorneys encourage their clients to refuse to submit to the test, due to one major advantage: By refusing, you are preventing yourself from potentially failing it, which can ultimately help you in a court of law. It is important to consult with a qualified attorney if you refuse a breathalyzer test.

Your Driving Privileges are Impacted Immediately

When you are pulled over, the arresting officer typically begins by asking you to submit to a field sobriety test. They first ask for your license, registration, proof of insurance, and practice other standard forms of protocol. If during these steps the officer discovers probable cause to arrest you, he or she will escort you to jail.

In general, if you decide to refuse the breathalyzer test, your license will be automatically suspended for 12 months. Any second or subsequent offense will result in a three-year suspension period. Your license suspension counts separately from other applicable criminal penalties. For example, under prosecution in a court of law, you may be required to pay various fines and serve jail time.

You Need to Consult With an Attorney

The moment you are accused of driving under the influence, consulting with a professional criminal defense attorney is one of the most beneficial decisions you can make. A skilled, competent DUI attorney has the knowledge and the know-how to explain your rights and to protect your best interests. If you have been arrested for DUI, contact our Orland Park criminal defense lawyer today for a free consultation.

Sources:

Illinois Compiled Statutes

DUI Information for Adults

Cyber Drive Illinois