Tag Archives: breathalyzer

CAN THEY MAKE ME TAKE A BREATHALYZER IN COURT?

You stayed up late drinking the night before court. You thought you would sober up in time, but that didn’t happened. Can the court force you to take a breathalyzer? The answer is absolutely. In Illinois, you are required to … Continue reading

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MY MOUTH WAS BLEEDING. COULD THAT CHANGE MY BREATHALYZER RESULT?

The police stopped you for suspected DUI. While you agreed to take the breathalyzer, you were so nervous that you accidentally bit your tongue. You could even taste the blood in your mouth. The breathalyzer registered over the legal limit, … Continue reading

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CAN THEY TAKE MY BLOOD WITHOUT A WARRANT? THE U.S. SUPREME COURT SAYS “NO.”

In a recent decision, Birchfield v. North Dakota, the U.S. Supreme Court held that a state cannot require you to take a blood test in order to enforce its drunk driving laws. Subject to certain exceptions, the police must get … Continue reading

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DO I HAVE TO TAKE A PRELIMINARY BREATH TEST IN ILLINOIS?

If you are stopped for a traffic violation and the officer suspects you of DUI, he or she might ask you to take a preliminary breath test (PBT). Can you refuse? Under Illinois statute, if an officer has a reasonable … Continue reading

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PROVING THE BREATHALYZER IN ILLINOIS

You had always heard that if you were stopped for DUI, you should refuse to take a breathalyzer. But when the time came, you went right along with police and blew over the limit. What can you do? When you … Continue reading

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LOOKING BACKWARDS: HOW THE STATE PROVES YOUR BLOOD ALCOHOL WAS HIGHER THAN YOUR BREATHALYZER RESULT

You had several drinks at the bar before you drove home. Police stopped you for a moving violation and arrested you for DUI. At the police station, you agree to take the breathalyzer. The reading is .077, just below the … Continue reading

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DO YOU HAVE A RIGHT TO REFUSE TO DUI TESTING IN ILLINOIS?

If you are stopped for DUI, you can refuse to take a breathalyzer or perform field sobriety tests. But your ability to refuse is not a constitutional right and is not protected by your Fifth Amendment right against self incrimination. … Continue reading

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HOW ACCURATE IS THE BREATHALYZER MACHINE?

When you are stopped for DUI, the officer might ask you to blow into a portable breathalyzer machine. Depending on that reading, you may be arrested and asked to blow into a breathalyzer at the police station. Many factors can … Continue reading

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THE CHARGE OF BAC EXCEEDS 0.08 IN ILLINOIS

Your driving was actually just fine, but your breathalyzer was well over the legal limit. Or maybe you swerved all over the lane, but you only blew a .04. Either way, you can be found guilty of DUI. How can … Continue reading

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CAN THEY TAKE MY BLOOD? YOUR RIGHTS AND DUI BLOOD TESTING

You were leaving an after-work party, when you missed a stop sign and slammed into another car. Both you and the other driver were taken to the hospital. At the hospital, an officer asked the nurse to draw your blood … Continue reading

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