Can I Refuse a Breathalyzer or Field Sobriety Test?

Illinois has very strict rules, regulations and laws concerning Driving Under the Influence or DUI. Among the most common DUI tests is a breathalyzer test, which a police officer requests to test alcohol level. Imagine a scenario where you have been stopped by a police officer who requests you to submit a breathalyzer test. What would you do in such a situation? Would you agree to take the test, or would you refuse?
 
There is no clear “yes” or “no” answer. It gets complicated because it depends on specific factors surrounding a particular case. If you have failed a DUI breathalyzer test, it’s essential to speak with a competent DUI attorney and discuss your case.
 
What is a Breathalyzer Test?

While the true measure of alcohol blood level is determined by a blue test, the breathalyzer test is used to determine the alcohol level in your breath. An individual is required to blow into the machine, which then registers and provides a reader. Throughout Illinois, results from breathalyzer tests are generally accepted in court as a piece of credible evidence in DUI cases.
 
Driving Privileges in Illinois

Under Illinois law, driving any vehicle is a privilege and not a right. Individuals usually receive a driver’s license in Illinois after giving implied consent to ask you to submit to a breathalyzer test. If an person refuses to take the breathalyzer test when asked, he/she could face several consequences.
 
What if you Refuse a Breathalyzer Test?

Refusing a breathalyzer test under Illinois law could lead to an individual losing their driver’s privileges. Refusing a breathalyzer test occurs when you say ‘no’ when a police officer asks you to take the test. Sometimes, you may agree to the breathalyzer test, but still be punished for refusing the test. This happens when you are unable to provide a proper breathing sample – willingly or unwillingly. If your test result score is 0.8 or higher and it’s your first DUI offense, then it’s most likely your driver’s license could be suspended. Refusing a test will also lead to the suspension of your driver’s license.
 
If you wish to know more about whether or not you can refuse a breathalyzer or field sobriety test, contact Michael D. Ettinberg & Associates at (708) 923-0368 to schedule a free consultation or speak with an experienced criminal lawyer.