Refusing a Breath, Blood or Urine DUI Test in Illinois

Wondering if You Should Take the Test?

When you see the cherries flashing behind your vehicle, you may wonder what you should do if a police officer asks you to take a test to determine whether you are driving under the influence. Refusing a breath, blood or urine DUI test in Illinois can result in driver's license suspensions and other significant consequences.

If you are accused of refusing a test to determine whether you are driving under the influence, you can rely on the Law Office of Philip R. Nathe for help in reducing the potential consequences. Our experienced DUI attorney will also provide you with a strong defense against related criminal charges for driving under the influence. We represent clients in Naperville, Illinois, and surrounding areas.

Risking Longer License Suspensions

Under Illinois' implied consent law, you are required to take a breath, blood or urine test if you are arrested for a DUI. The law enforcement officer can choose which test to administer, and you can be cited if you refuse to blow any of the three tests, even if you consented to one of the other two.

You may still be charged with DUI even if you refuse to take the test. In addition, your license will be suspended for a longer period of time than if you took and failed the test.

  • For a first refusal, your license will be suspended for 12 months. It would be suspended for six months if you took and failed the test.
  • For a second refusal, your license will be suspended for three years. It would be suspended for a year if you took and failed the test.

First-time offenders may apply for a monitoring device driving permit that allows them to drive their vehicle using an ignition interlock system. With the system, the vehicle will not operate until a driver successfully blows into a device to determine whether alcohol is present.

DuPage County DUI Defense Attorney

If you are accused of refusing a test, we can challenge your license suspension in court. If successful, your license suspension will be rescinded. We will also represent you against criminal DUI charges stemming from the incident.

To schedule a free initial consultation with our lawyer, call 630-364-4621, toll free at 888-583-6197 or contact us online.