Oak Brook criminal lawyers

Call Us630-953-4400

Available 24/7

Should You Refuse a Breath Test? 

Posted on in DUI Defense

Should You Refuse a Breath Test? Throughout the U.S., more than 1 million drivers are arrested on driving under the influence charges each year. In Illinois, state police are constantly patrolling for inebriated drivers. In 2017 alone, 27,046 DUI arrests were made throughout the state. The implications of a DUI conviction can be incredibly severe. According to Illinois state law, a first-time DUI conviction constitutes a Class A misdemeanor and can lead to potential fines and even jail time. 

Due to the severe punishment of a conviction, many drivers refuse chemical testing after being pulled over on suspicion of drinking and driving. Below, we examine the legal impacts of a chemical test refusal. If you are arrested on DUI charges, seek out quality legal guidance right away. 

What a Test Refusal Could Mean For You 

When you apply for an Illinois drivers license, you are consenting to a number of requirements, including submitting to blood alcohol content (BAC) testing at an officer’s request. The most common form of BAC testing is a breath test. It is important to note that a refusal to submit to chemical testing is not a criminal offense but an administrative offense. That said, violation of the consent law does come with some consequences:

  • Your first refusal of chemical testing will constitute an automatic 12-month suspension of your driving privileges; and
  • In the event of a second test refusal within a five-year period, you will receive a mandatory three-year license suspension.

After your refusal, you may be able to continue to drive by requesting a monitoring device driving permit (MDDP). If you qualify for an MDDP, you will be able to operate motor vehicles if they are equipped with a breath alcohol ignition interlock device (BAIID). These devices are designed to allow a driver to operate their vehicle only after testing for traces of alcohol, via a breath test. 

While the punishment of a test refusal may seem significant, you may be able to walk away with a clean permanent record and intact driving privileges (albeit in a monitored fashion). If you have any questions regarding the benefits or drawbacks of a chemical test refusal, we would be more than happy to speak with you.  

Contact an Oak Brook DUI Defense Lawyer

It is common to feel helpless after being arrested on suspicion of DUI. In all reality, quality legal representation could help you avoid a conviction altogether. At McMahon Legal Offices, we are confident in our ability to secure the best possible legal outcome for all of our clients. With years of experience operating throughout the state of Illinois, we are here to help. To schedule a complimentary consultation with a knowledgeable DuPage County criminal defense attorney, contact us today at 630-953-4400. 



DuPage County Bar Association Top 100 Illinois State Bar Association AVVO Rating Illinois Prosecutors Bar Association AVVO Reviews
Back to Top