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What Happens When a Driver Refuses a Breathalyzer Test?
When it comes to the subject of DUI, the consequences of getting behind the wheel intoxicated are never easy to face, especially when they directly affect someone you know personally. The mere prospect of being pulled over under suspicion for driving while intoxicated is an uncomfortable scenario to ponder, but it is a very real reality for many people. And, it is a crime that has the power to alter the quality of your life severely.
The Moments After You are Pulled Over
So, what actually happens when you are pulled over for suspicion of DUI? Are the events that unfold as harsh or as scary as we hear they are? The moment an officer pulls you over, they require you to present your license, registration, and proof of insurance, and you are then asked to submit to a field sobriety test if the officer believes you have been drinking.
If the officer has probable cause during the test, he or she can then place you under arrest and escort you to jail. At that point, you may be asked again to submit to a breath, blood, or urine test, and any license restrictions or suspensions are determined at that time.
The Advantages of Refusing to Submit to a Breathalyzer Test
One of the biggest questions people have when the subject of DUI defense arises is how to handle a breathalyzer test. Should you automatically agree to submit to a BAC test? Or should you refrain from submitting all together? When combined, the rights dictated to you by the police in the heat of the moment along with the consequences presented to you for refusing to submit are intimidating, at the very least.
To Submit or Not to Submit?
The stressful ordeal of being pulled over under suspicion of drinking and driving can make the decision to take the test a tough call. The answer to whether or not you should agree to the test is just as difficult, but one thing is for certain: There are potential advantages to refusing to submit to a breathalyzer test, and many criminal defense attorneys actually encourage you in this direction.
Breathalyzers and Driving During the Fourth of July Weekend
Like many holidays, the Fourth of July weekend means numerous parties and get-togethers, and that usually translates to an increased number of intoxicated drivers on the roadways. State police are on high alert during the festive holiday, paying special attention to those who may be operating a vehicle under the influence.
What Is a Breathalyzer?
Drunk driving and breathalyzers go hand in hand. A breathalyzer is a special device used by police to estimate someone's blood alcohol content (BAC) via a breath sample. When drivers suspected to be operating under the influence are pulled over, they are subject to a BAC test, which is heavily relied upon in the during criminal prosecution as supporting evidence for the crime.
There are some important aspects and uses of breathalyzers that you may not be aware of:
They often prevent repeat offenses. Breathalyzers use a highly effective fuel-cell technology to read the concentration of alcohol in a person’s breath, making them ideal devices for detecting drunk drivers in general. But they also help prevent repeat drunk driving offenses when installed in offenders’ cars by lowering recidivism rates. This makes them a reliable tool and standard for both monitoring and prosecuting drunk driving behavior.
The Impact of DUI Penalties: More Than Just Statistics
All too often we hear about the tragic consequences of driving under the influence and what a DUI can mean for everyone involved in a drunk driving incident. The statistics surrounding injuries and fatalities are undoubtedly alarming, and they are understandably the most controversial topic when it comes to drunk driving accidents.
What we do not hear about nearly as much is the impact that DUI penalties have on drivers during day-to-day life. DUIs still mean big consequences for Illinois drivers who are merely pulled over and found to be under the influence. It does not take a tragic accident to alter the life of one person significantly.
DUI Convictions and Their Penalties
Consequences of driving under the influence begin with the first conviction. Illinois law enforces a maximum fine of up to $2,500 and a minimum of one-year loss of full driving privileges. That is not counting possible imprisonment of up to one year. A second DUI conviction can mean a mandatory five days of imprisonment or 240 hours of community service, plus a five-year loss of full driving privileges, at a minimum. By the time a driver reaches a third DUI conviction, it is considered a Class 2 felony and can mean a maximum fine of $25,000 and a minimum of ten years loss of driving privileges. At this point, a driver is facing possibly seven years of imprisonment.





