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Is It Wise To Refuse Testing During a DUI Traffic Stop? 

Posted on in DUI Defense

Is It Wise To Refuse Testing During a DUI Traffic Stop? When a driver is stopped by a law enforcement official and the officer suspects that the driver is under the influence of drugs or alcohol, it is easy to panic. Interactions with law enforcement can be generally uneasy, especially when it becomes apparent that the officer believes you may be inebriated. Despite the stresses of a DUI traffic stop, it is important to remain composed and understand how your actions can impact your future. In some instances, the best decision you can make during a DUI traffic stop is refusing chemical testing. 

Refusing Field Sobriety Testing

In the state of Illinois, it is perfectly legal to refuse a field sobriety test. If an officer requests that you take part in a field sobriety test, they are looking for evidence to back up an arrest. While refusal of a field sobriety test will likely result in an arrest, it will limit the evidence that can be used against you in the case. It is important to remain calm throughout this process and politely refuse field sobriety testing. Any aggressive behavior towards the officer can negatively impact you moving forward. 

Refusing Chemical Testing

Refusal to take part in chemical testing will come with some consequences, but not a criminal conviction. Refusal to submit to chemical testing is an administrative offense that will come with a one-year statutory summary suspension of your driver’s license. In the state of Illinois, drivers that refuse to submit to chemical testing are eligible to drive with a Monitoring Device Driving Permit (MDDP). You will have to pay for installing a Breath Alcohol Ignition Interlock Device (BAIID) on your vehicle and follow the restrictions of the MDDP for the remainder of your suspension. If this is the second time you have refused chemical testing, it will result in a three-year license suspension. While refusing to submit will cost you money and a license suspension, it will not result in the Class A misdemeanor that accompanies a DUI conviction. 

Contact an Oak Brook DUI Defense Lawyer

If you are pulled over by a law enforcement official, it is important to know how to react. Regardless of whether you adhere to the testing or refuse altogether, you need professional legal guidance following the arrest process. At McMahon Law Offices, we are dedicated to helping our clients avoid DUI convictions. If a client is eligible for an MDDP, we will guide them through the process of obtaining their permit. To schedule a free consultation with a skilled DuPage County criminal defense attorney, call us today at 630-953-4400. 

Sources:

https://www.cyberdriveillinois.com/publications/pdf_publications/dsd_a118.pdf

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