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What You Should Know About Chemical Testing During a DUI Stop

Posted on in DUI Defense

What You Should Know About Chemical Testing During a DUI StopWhen a law enforcement official pulls you over, they are professionally trained to look for signs of inebriation. As they ask for your driver’s license and vehicle registration, they will be listening for slurred speech, smelling for traces of alcohol, and looking for other signs of intoxication. If the officer suspects that you may be under the influence, they will likely request for you to take part in field sobriety testing. If your field sobriety testing indicates likely inebriation, you will be placed under arrest for driving under the influence. If you have been charged with driving under the influence, you need to speak with an experienced criminal defense attorney. 

Can I Refuse Chemical Testing? 

After being placed under arrest, you will be placed into police custody and asked to submit to chemical testing. It is critically important to understand that regardless of what the acting officers say to you, you are not legally required to submit to chemical testing. In short, refusal to submit to chemical testing is not a criminal offense. It is an administrative offense that violates the agreement you made when acquiring your driver’s license. Due to the violation, you will face a license suspension for refusing chemical testing. A first-time refusal will result in a 12-month statutory summary suspension. A second refusal within a five-year period will result in a three-year suspension. It should be noted that a first-time offender will likely be eligible for a Monitoring Device Driving Permit (MDDP), which means they will be able to drive vehicles that are equipped with a Breath Alcohol Ignition Interlock Device (BAIID). 

Submitting to Chemical Testing 

If you are not inebriated and a police officer has incorrectly identified signs of intoxication, it may turn out okay if you take part in chemical testing, though there are still risks. If you have a blood alcohol content of less than .05, the charges will likely be dropped. If you test between .05 and .08, you will not face a statutory suspension but may still have a DUI charge that goes to court. Regardless of what your alcohol content is, it is important to share information regarding the testing with your attorney. If the officer incorrectly administered the test or forced you to submit to chemical testing against your will, the results may be deemed inadmissible in court. If you believe that the results are incorrect, it is within your legal right to take part in additional testing at your own expense. 

Contact a Lombard DUI Defense Attorney 

There is no question that a DUI conviction can drastically impact a person’s life. Having a misdemeanor charge on your criminal record can impact your ability to secure employment and lead to massive rises in insurance rates. At McMahon Law Offices, our team is dedicated to representing our clients and helping them avoid a conviction. To schedule a free initial consultation with a DuPage County criminal defense attorney, contact us today at 630-953-4400. 

Sources:

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

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