When you are arrested on charges of driving under the influence, you probably realize that the criminal penalties for a conviction can be severe. It may come a surprise to learn that you could face administrative penalties, including the suspension of your driving privileges, even if the criminal charges against you are dropped or you are found not guilty of DUI. Our experienced criminal defense lawyers understand that most DUI cases are multi-faceted, and we are equipped to help you at every stage of the proceedings.
Blood Alcohol Content Testing
Chemical testing for blood alcohol content, or BAC, is one of the most common methods used by law enforcement to collect evidence in a DUI-related case. If you have been pulled over by police and the officer asks you to submit to such testing—usually a breath test—but you have not been arrested, you have the right to refuse the test with no legal or administrative consequences. If you have been placed under arrest on suspicion of DUI, however, and the officer requests a chemical test, the entire situation changes.
Under the state’s implied consent laws, by operating a motor vehicle on Illinois roads, you agree to submit to requested BAC testing if you are arrested for DUI. If you are arrested and you refuse such test, your driver’s license will automatically be suspended the Illinois Secretary of State’s Office. Your license will also be suspended if you submit to the test and fail it. A failed chemical test means a BAC level of 0.08 or more for most non-commercial adult drivers. The standard is lower for commercial driver’s license holders, and any trace of alcohol constitutes a failed test for drivers under the age of 21.
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