The police pulled you over under suspicion of DUI. You knew you’d only had one drink, so you agreed to take the breathalyzer. But somehow you didn’t blow enough air into the machine.
After several tries, the police officer marked you down as having refused the test. Because of that, the Secretary of State doubled the length of your automatic driver’s license suspension.
What can you do?
Although it’s a long shot, an experienced DUI attorney can investigate whether you have a physical inability to submit to the test. A physical inability is a defense to refusing to take the test. Such inability might include asthma or a heart condition that prevents you from blowing enough air into the machine.
If you can prove you were physically unable to comply, the court might throw out the suspension of your license. Be aware, however, that most Illinois appellate law has ruled against the driver, generally finding the driver’s evidence of inability to be insufficient.
If you are charged with DUI, contact an experienced attorney immediately. An experienced attorney can evaluate your case to present your most favorable defense. Was there probable cause to stop you? Did the squad car video show you had signs of impairment? Even if the evidence against you is overwhelming, an experienced 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 DUI, 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).