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.
Further, police are not required to read your Miranda rights before testing or inform you that you can refuse. Some counties even have judges on call 24 hours a day to sign search warrants that allow the state to draw your blood without your consent.
Under Illinois statute, you are deemed to have consented to DUI tests once you are arrested for DUI. You can still refuse the tests. In many cases, refusal may be your best option since a bad performance can give the State the evidence they need to convict you.
However, refusing the tests comes at a price. The Secretary of State can more than double the length of your automatic driver’s license suspension.
If you are charged with drunk driving or a related offense, contact an experienced attorney immediately. An attorney can review your case for the best possible defense. Even if you took DUI tests and the evidence against you is overwhelming, an skilled attorney who is respected in the courthouse may negotiate a better 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 matt@mattkeenanlaw.com.
(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.)
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Illinois Jurisprudence: Criminal Law and Procedure. Vol. 1. (LexisNexis 2014).
Illinois Jurisprudence: Criminal Law and Procedure. Vol. 1. (LexisNexis 2014).