When a person is suspected of driving under the influence of alcohol or drugs most the times they are asked to submit to a chemical test. This is done to determine their blood alcohol concentration. According the state these tests are desired since they provide clear evidence on a person’s intoxication level and hence they make it easier to conduct a criminal prosecution. Due to this particular reason every driver in Illinois if asked to by police officers is legally required to submit to a chemical test.
The implied consent law in Illinois plays an important role when it comes to driving under influence (DUI). Even so it can be difficult to understand these laws mostly because you may not have to do anything to infringe on these laws. Breaking the implied laws is a result of something that you do not do.
If you want to have further understanding of the Consent laws in Illinois it may be beneficial for you to see the purpose that they play in the drunk driving laws in Illinois.
In the case where you or a loved one may have been arrested by a law enforcement official as a result of a DUI or another alcohol related offense it is essential to have legal representation that you can rely on to help you to make sure that your rights and protected. You can call on a skilled attorney from DUI Lawyers 24/7 to discuss the details of your case.
What is the Implied Consent Law?
It is important for every driver to understand how the Illinois State’s implied consent laws work. They should understand who needs to give consent and what the consent being given is all about. This law is an important tool in enforcing the DUI laws in the state. Violating these laws can result in you losing your driving privileges for a period of almost one year.
According to the implied consent laws, anyone that is in physical control of a motor vehicle on a public highway in Illinois has given consent to testing. They have agreed to submit to a chemical test so the percentage of alcohol in their blood stream can be determined. When an individual has blood alcohol concentration that is 0.08% or higher it is proof of being intoxicated. A police officer can demand for a driver to submit to a test if they have probable cause to believe the individual is driving under the influence of alcohol, drugs, or any other intoxicating substance.
An implied consent test can be carried out in various ways. The law enforcement officer on duty can ask you to breath into a breathalyzer so the blood alcohol content can be determined from your breath. You can as well be asked to submit a urine or blood sample for evaluation. The test the police officer request is chosen at their discretion. A driver can refuse to submit to the test.
However, refusing to take the test can result in severe consequences to the driver. Their driver’s license will be automatically suspended for a period of one year. The license being revoked for refusing to submit to the test is not administered ad a result of a DUI charge it is only as a result of refusing to submit to the test when convicted the driver will be additionally sentenced for driving while being intoxicated
Related Content: What do I do after a DUI in Illinois?
Penalties for Refusing a Breath or Field Sobriety Test
Before a chemical test is administered it is necessary for the arresting officer to tell the driver about the consequences of them refusing to submit to the test. A person that fails to submit to the chemical test will be subjected to an administrative license suspension as mentioned above. An administrative license suspension is also known as a statutory summary suspension. As a result of a diver refusing to take the test they will not be eligible for a driving permit and they will be liable to pay for the blood test. Also, refusing to take the test will be used against them when the DUI case goes to court.
As result of violating the implied consent law in Illinois by refusing to go through testing for alcohol or other intoxicating substances you will be subject 1-3 year summary suspension. Below are the specific penalties for the potential suspension;
- As a first time offender you face a 12-month driver’s license suspension or one-year license suspension period.
- As a second time offender you are likely to three year license suspension period.
It is important to note that the automatic license suspension that come as a result of refusing to take the test can have a major impact on the individual’s life and their ability to maintain their employment status.
As a result of chemical test refusal a driver may be liable to pay for the expense of blood test or chemical test and it can amount to $500 if;
- They refused to take a breath test
- If there was a probable cause to believe that as a result of taking the test it would have been revealed that the test would have disclosed that the individual was under the influence of drugs or other intoxicating substances.
It is important to note that the offender will only be responsible of the cost of the blood test if the court convicts of a DUI.
Does Implied Consent Cover Blood Tests?
As we have already established Illinois drivers consent to chemical testing when they drive on Illinois roads and highways. DUI testing is inclusive of both a chemical test and field sobriety test. Chemical test are inclusive or blood test, breath test, and urine test. The test will be administered in order to look for evidence of intoxication
How an Attorney Can Help if You Are Charged with DUI
If you are facing DUI or drunk driving charges you should hire a DUI defense attorney to walk with thorough the legal process. An experienced criminal defense attorney knows the DUI laws and they have specialized in similar case. Look for an experienced attorney that can negotiate on your behalf with the prosecutor and as well be a skilled litigator in court. This way in the case where negotiations do not go as planned they will prepare a strong defense and defend you aggressively during the trial.
DUI Lawyer 24/7 law firm understands that a DUI conviction is no small issue and we know that as a result of a conviction not only will you face harsh penalties but as will a conviction place a lot of strain on your personal life and as well your financial life. We look for meaningful evidence and go through police evidence so we can build a strong case. Give us a call and tell us about your situation.