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What is the penalty for refusing a breath test in an Illinois DUI case?
Question:
What is the penalty for refusing a breath test in an Illinois DUI case?
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Get Informed - DUI/DWI Law Information
We've got a large library of DUI and DWI law articles, Q&A's and other resources. Start here to learn about DUI laws, arrests, defense, penalties and more.
DUI Basics
Get the low down on the law and what you can expect if you're arrested and charged with a DUI.
Get the low down on the law and what you can expect if you're arrested and charged with a DUI.
Your DUI and the DMV
Besides the court and criminal charge the Department of Motor Vehicles will also bring you grief.
Besides the court and criminal charge the Department of Motor Vehicles will also bring you grief.
DUI Arrests, Police Reports, Arraignments, and Fees
After you're arrested, booked and released, you'll need to get ready for your arraignment.
After you're arrested, booked and released, you'll need to get ready for your arraignment.
DUI/DWI Charges and Penalties
After a DUI conviction expect fines, license suspension, DUI school, and sometimes jail.
After a DUI conviction expect fines, license suspension, DUI school, and sometimes jail.
Fighting a DUI
You may have options to lessen the sentence, get a reduced charge or get the case dismissed.
You may have options to lessen the sentence, get a reduced charge or get the case dismissed.
Getting Help with a DUI/DWI Charge
There are some things you can do yourself and some which require the help of an attorney.
There are some things you can do yourself and some which require the help of an attorney.
You are probably aware that a person’s BAC, or blood alcohol concentration, is generally determined by way of a breath test. This may lead you to conclude that if stopped for suspicion of a DUI, it is best to refuse to take the test, thereby eliminating a key piece of the prosecution’s evidence. But perhaps you should rethink that strategy because there may be consequences involved.
Illinois DUI Answers: What Are The Penalties For Refusing A Breath Test?
The penalties for refusing a breath test depend upon which test you refuse. If you are pulled over and an officer suspects that you are intoxicated, he may ask you to take a test on the spot. This is known as the Portable Breath Test (PBT). The results of PBTs only serve one purpose for law officials—to help them to decide whether to arrest you or not. The results cannot be admitted into court as evidence against you. Furthermore, there is no penalty for refusing to take this type of test.
At the police station, DUI suspects are asked to take a breathalyzer. The results of this test can and will be used against you if you fail it and charges are filed against you. The state attempts to discourage people from refusing the test by imposing a six month driver’s license suspension for doing so.
Illinois DUI Answers: Should I Refuse A Breath Test?
This is a tricky question whose answer can vary depending upon your personal circumstances. The best answer can be obtained by contacting an experienced DUI attorney. Even if you are in custody, you should have an opportunity tocontact an attorney.
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