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Breathalyzer Refusal in Illinois

Illinois DUI Defense Attorney Representing People Arrested for Refusing a Breathalyzer Test

If you are pulled over by a police officer on suspicion of drunk driving, you do have the right to refuse to take a breath test. Refusing a Breathalyzer test is a driver's license violation, not a criminal offense. You are not assumed to be guilty of DUI if you refuse to take the test.

However, refusing a Breathalyzer test will automatically result in a six-month suspended license for first offenders. This is because, under Illinois law, drivers are considered to have given implied consent to lawfully requested blood-alcohol tests. The police have the right to ask you to submit to a breath test whenever they lawfully pull you over and have reason to suspect you are drunk.

If you have been arrested for DUI or are facing a driver's license suspension for refusing a Breathalyzer test, I can help. I am Attorney Alan E. Jones, an experienced traffic and drunk-driving defense lawyer in Waukegan, Illinois. I have been handling DUI charges for 20 years, and am confident I can effectively defend you.

For a free initial consultation, contact experienced DUI lawyer Alan E. Jones online, or call toll free: 866-916-0944.


A drunk-driving conviction is serious. It can result in large fines and possible jail time, and it can also impact your job, future employment, and insurance rate. A felony DUI conviction carries even harsher punishments — up to $25,000 in fines and years in prison.

The Real Consequences Refusing Breathalyzer Tests

If a Breathalyzer shows that you are over the limit, the police have probable cause to arrest you for drunk driving. Refusing a Breathalyzer test does deprive the police of the evidence the test provides.

However, if you do refuse the test, it is likely that you will lose your driving privileges for six months. There may be a defense in your case, however, so you should talk to an attorney right away.

How Accurate Is a Breathalyzer Test?

In my more than 20-year DUI practice, I have found Breathalyzer results to be questionable on more than one occasion. In a number of situations, Breathalyzers sometimes display inaccurately high readings, which have led to people being wrongly arrested for DUI.

These devices are carried in squad cars 24 hours a day, 7 days a week, and they see a lot of use. How often they are calibrated? Have the police officers using them received proper training? How much refresh training do they receive?

Defending You Against a DUI Arrest or Refusing a Breathalyzer Test

Refusing a Breathalyzer test will have serious consequences — and so can being arrested for drunk driving. Whatever choice you made when you were pulled over for drunk driving, get skilled legal help.

For a free initial consultation, contact DUI Attorney Alan E. Jones online, or call toll free: 866-916-0944.

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