If you have been arrested for an Illinois DUI based on probable cause you will likely be asked to take an Illinois DUI breath test. If you refuse to take a breath test your driver’s license will be suspended for at least one year, and evidence that you refused the test will be used against you in court. That does not mean, however, that you should necessarily take the IL DUI breath test.
Before you agree to submit to an IL DUI breath test you should ask to speak to an Illinois DUI attorney and call my office immediately. There are a number of factors that you should consider before agreeing or refusing to take an IL DUI breath test. We will discuss these factors with you and guide you in making an informed decision of how you wish to proceed.
An Illinois DUI driver’s license suspension can have lifelong consequences. Even if you win the criminal portion of an Illinois DUI case, your driver’s license can still be suspended if you refused to take the breath test. The standards of proof are much lower in the driver’s license suspension hearing than in the criminal DUI hearing. Thus, it is easier for the State to prove you violated the Illinois Implied Consent law than it is for them to prove you are guilty beyond a reasonable doubt of the Illinois DUI criminal law.
If you refuse to take a breath test you should immediately contact my office and set up a free consultation. During this consultation we will get an understanding of the facts of your case and will begin gathering information that can help us overcome an Illinois DUI license suspension, refusal suspension, and IL DUI criminal charge.