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What to Know About the Implied Consent Law

 Posted on January 16, 2024 in DUI Law

DuPage County criminal defense lawyerUnder Illinois law, police officers can pull you over under suspicion of driving under the influence (DUI) and subject you to testing. Being pulled over for other things, such as speeding or a broken tail light, can also subject you to DUI testing if the officer suspects you may be driving intoxicated. This could lead to you being arrested on DUI charges, so it would be wise to consult an attorney as soon as you are available.

Implied Consent Details

When you get behind the wheel of a motor vehicle and take it out onto Illinois roads, you are giving implied consent to law officers to submit you to testing for DUI. Testing can be:

  • Chemical
  • Blood sample
  • Urine sample
  • Breathalyzer

These tests check to see if your body contains any traces of alcohol, drugs, or other intoxicants. The tests will show the content level of the substances, and the officer has the right to choose which test they wish to administer.

Though it is the law, you have the right to refuse testing as long as you are willing to deal with the consequences. A driver under suspicion of DUI who is unable to refuse a sobriety test due to any reason (unconscious, severely intoxicated) is automatically deemed to have given their consent to the sobriety test.

Police Issued Warning

Before a police officer can submit a driver to testing, they must inform them of the consequences of refusal. The consequences a driver can face if they refuse sobriety testing include:

  • Statutory summary suspension of their driver’s license
  • Immediate suspension of their driver’s license
  • If there was an accident caused by the driver that led to personal injury or death of another person, the driver can have their driver’s license immediately revoked or suspended for a varied length of time depending on criminal history and current blood alcohol content (BAC) level

Penalties For Refusal

Many factors could cause you to perform poorly in a field sobriety test, so it could be in your best interest to refuse when one is requested. The tests themselves are subject to the opinion of the police officer who pulled you over, and your performance may be influenced by something other than alcohol or drugs. You are also not legally required to submit to a field sobriety test. The test that you are legally obligated to submit to happens after being arrested under DUI suspicion.

You can still refuse to take the legally obligated sobriety test. However, refusal, even if not intoxicated, comes with penalties. Failing a sobriety test also comes with its share of penalties.

Refusing to submit to a sobriety test can result in:

  • A one-year suspension of driving privileges
  • Three-year suspension if there are subsequent offenses

Failing a sobriety test can result in:

  • A six-month suspension of driving privileges
  • One-year suspension for subsequent offenses that have occurred within five years of the first offense

First-time DUI offenders do have the option of obtaining a Monitoring Device Driving Permit (MDPP), which allows them to continue driving their vehicle with a Breath Alcohol Ignition Interlock Device (BAIID) installed in it.

Consult a DuPage County, IL Criminal Defense Attorney

When facing charges for a DUI, you do have the option of refusing sobriety testing. During the trial, you will want an experienced Naperville, IL DUI defense lawyer fighting to preserve your rights. The Law Office of Philip R. Nathe can defend you in a court of law and will aggressively fight the charges being lobbied against you. Contact the office for a free consultation to discuss your case at 630-416-7600.

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