You stayed up late drinking the night before court. You thought you would sober up in time, but that didn’t happen. Can the court force you to take a breathalyzer?

The answer is absolutely. In Illinois, you are required to appear at each and every court date for your DUI. If the judge believes you showed up for court under the influence of alcohol, you can be legally ordered to take a breathalyzer on the spot.

Any test would be conducted outside the courtroom. If you fail, however, the judge could revoke your bond. Although you would not lose your right to trial on the original DUI, the judge may be less inclined to give you the benefit of the doubt when interpreting your behavior on any video or other evidence the state may present against you.

When coming to court, it always make sense to be as well-groomed as possible in order to make your best impression on the court. Shorts, ripped up jeans, low cut blouses, t-shirts with provocative slogans should all be avoided. Dress as you would for a job interview rather than a trip to the grocery store.

If you have been charged with DUI, contact an attorney immediately. An experienced attorney can review your case for its best possible defense. Was police questioning proper? Can the state prove all the elements of your offense beyond a reasonable doubt? Even if the evidence against you is overwhelming, an attorney who is respected in the courthouse may be able to negotiate a more favorable plea agreement than you could on your own.

If you have questions about this or another related Illinois criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email

(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)

About mdkeenan

A criminal and school law attorney with over 17 years of experience, I have successfully represented clients all over the Chicago area. My practice includes DUI, felony, criminal, misdemeanor, homicide, internet crime, retail theft, traffic offenses, cyberstalking, drug crimes, weapons violations, domestic battery and juvenile crime. I also represent families involving school cases. My clients come from all over the Chicago area including Skokie, Wilmette, Niles, Northbrook, Glenview, Evanston, Winnetka, Highland park, Northfield, Park Ridge, Des Plaines and Mount Prospect. I am a member of the ACLU and the Illinois State Bar Association. I serve as a volunteer for First Defense Legal Aid. Se habla espanol.
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