Should You Refuse the Breathalyzer?

When someone is pulled over for suspected drunk driving, it is bad news for everyone. It is primarily and especially bad news for the local community and society because having people drive erratically in your area is very dangerous, and no one would be happy about that. Whether the driver was intoxicated, distracted, or having some sort of medical episode, it is bad news for everyone on the road and the adjoining streets, and it is always bad news for the driver.  

Key Takeaways

Field Sobriety Tests 

If you are pulled over on suspicion of being intoxicated while behind the wheel, the police officer who stops you will try to assess your condition. They may conduct some standard field sobriety tests such as the horizontal gaze nystagmus test, the walk and turn test, and the standing on one leg test. They may also ask a suspect to recite the alphabet or count backward from 100, but these are not as common as the others mentioned above. 

The horizontal gaze nystagmus test, or HGN, is when an officer shines a flashlight into a suspect's eyes and asks them to follow the light with only their eyeballs as the officer moves it back and forth. The suspect should not have to move their whole head in order to follow the light, and their eyes should not make any involuntary jerking movements but rather should be able to smoothly follow the light as it moves from one side to the other.  

Typically, officers will ask the suspect if they have any medical conditions that make their eye movements irregular. They will also ask if the suspect has any mobility issues because the other two tests require the suspect to walk in a straight line and stand on one foot. With the straight-line walk, the suspect will have to take several steps forward, placing their feet heel to toe, and be able to turn around without stumbling. For the one-legged stand, this is self-explanatory, and the suspect will again have to be able to do it without stumbling. 

Breathalyzer 

The police carry in their vehicles special kits which allow them to administer various tests on the spot. One of the equipment they can use to determine someone's intoxication level is a breathalyzer. In Illinois, you are not permitted to get behind the wheel of a vehicle if your blood alcohol content is at a level of 0.08 or above, and a breathalyzer will show what your blood alcohol level is simply by you blowing into it. 

If a suspect refuses to comply with a breathalyzer, they will automatically be taken to the police station for booking and be charged with a DUI. So, why would anyone refuse one? Well, because being charged with a DUI for a refusal to submit to a breathalyzer test is still easier to potentially reverse in court than if you do the breathalyzer and it shows your blood alcohol content was indeed over the limit.  

If you blow into the breathalyzer and your blood alcohol content is above the limit, you will have your driver's license suspended, typically for six months to a year in the state of Illinois. But if you refuse to do the breathalyzer, your license will automatically be suspended for twice the amount of time. This is meant to be a deterrent to refusal to submit to the breathalyzer.  

However, as stated above, unless the police have very credible evidence that you were intoxicated at the time that you were apprehended, not having a breathalyzer result on file will allow you some wiggle room, so to speak, to fight the charges in court. Your attorney can argue that you may have done nothing wrong and the police were mistaken, that you were suffering from a lack of sleep, or that maybe a medication you were taking had caused you some heightened drowsiness. But, regardless of what your defense attorney's strategy may be, let's take a look at the consequences if you refuse a breathalyzer. 

Consequences of Refusing a Breathalyzer in Illinois   

In Illinois, if you are pulled over by the police on suspicion of driving under the influence and refuse to take a breathalyzer test, you will face a number of legal consequences. The legal basis for such refusals can be found in the Illinois Implied Consent Law, which has significant implications for drivers.   

When you pass your driver's test and get a driver's license in Illinois, you implicitly agree to follow the traffic laws of the state and also implicitly agree to undergo chemical testing such as blood testing and breathalyzer tests if a police officer has probable cause to suspect you are driving under the influence. This consent is not optional; it is a legal requirement that comes with the privilege of driving.  

What Kinds of Penalties Can You Face? 

License Suspension 

Refusing a breathalyzer test results in an automatic driver's license suspension, as noted above. For a first refusal, the suspension is typically one year. Subsequent refusals or prior DUI offenses can lead to longer suspension periods, often double the amount of time that you would have had your license suspended if you submitted to the test and "failed" it by blowing above the legal limit. 

Increased Penalties 

If you refuse a breathalyzer and are later convicted of a DUI, the refusal can be used as evidence against you. This can lead to harsher sentencing, including longer probation, increased fines, and mandatory alcohol education programs.   

What is the Legal and Administrative Process You Will Have to Go Through if You Refuse a Breathalyzer Test? 

Notice 

After refusing the test, the officer will issue a notice of suspension, which serves as an immediate administrative suspension of your driving privileges.  

Hearing Request 

You have the right to request a court hearing to fight the suspension. This request must be made within a certain timeframe from the date of the notice. This is typically 90 days. The hearing will determine whether the suspension should be upheld or overturned based on the circumstances of the refusal and the arrest. The hearing must happen within 30 days of the request, so the process kicks into gear fairly quickly.  

Legal Representation 

Because there is such a high degree of complexity to the legal process involved with such situations and the potentially severe consequences of refusing a breathalyzer, it is highly advisable to consult with an attorney who specializes in DUI cases. They can help you navigate the legal system and may bring about a much better outcome than if you try to do it on your own without specialized legal training. 

What are the Implications for Potential Future DUI Cases?  

If you refuse a breathalyzer, this can also influence any potential future DUI cases you may face. State prosecutors might argue that your refusal indicates that you had something to hide and that you were aware of your guilt. This can be pointed to if you are charged with another DUI later.  

In Conclusion  

Refusing a breathalyzer test in Illinois is not a simple matter and is not a decision to be taken lightly. The immediate consequences include an automatic license suspension, forcing you to have to either comply or spend a significant sum fighting the situation in court. Additionally, it can worsen your chances if you face another DUI charge in the future. Understanding these repercussions and seeking legal counsel is crucial for anyone facing this situation, so please do yourself a favor and place a call to a trained and licensed attorney.