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Statutory Summary Suspensions and Refusing a Breathalyzer in DUI Cases

Will County DUI Defense Attorney

Joliet DUI Defense Attorney Defending Your Rights

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. At the Law Offices of Blake Stone, P.C., 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.

Statutory Summary Suspensions in Illinois

Attorney Blake Stone is a former DuPage County prosecutor as well as a combat veteran who served for nearly two decades in the United States Army. He recognizes that the administrative penalties for failing or refusing a BAC test can severely impact your life. According to Illinois law, if you fail a chemical test subsequent to a DUI arrest you will be subject to a statutory summary suspension of your driving privileges for six months for your first offense. A second or subsequent offense within five years will result in a 12-month suspension. Refusing a chemical test will result in your license being suspended for one year for your first offense or three years for a second or subsequent offense.

Once issued, a statutory summary suspension will remain in effect for the intended duration, regardless of what happens with your DUI charges. The charges could be completely dismissed, but the suspension would continue. Depending on the circumstances, you may be eligible for relief programs that allow you continue driving during your statutory summary suspension for a first offense. A second refusal or failure, however, could seriously impact your life and your ability to work, attend school, or provide for your family.

License Suspension and Reinstatement Attorney in Will County

If your license has been suspended due to a refused or failed BAC test, contact our office. Call 630-988-9384 for a free consultation at the Law Offices of Blake Stone, P.C. today. We will work within the law to get you back on the road quickly so that the effect on your life can be minimized. Located in historic downtown Joliet, our firm is proud to serve clients in Will County and DuPage County.

American Bar Association DuPage County Bar Association Illinois State Bar Association Will County Bar Association
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