In the state of Illinois, as in all other states, driving is considered a privilege, rather than a right, and those who obtain a driver’s license are bound by implied consent laws. Under implied consent, drivers automatically agree to submit to chemical testing (breath, blood, or urine) if a law enforcement officer suspects impaired driving. Although you can refuse a chemical test when stopped on suspicion of DUI, there are automatic penalties for doing so.
For a first-offense DUI arrest, refusing a breathalyzer triggers an automatic driver’s license suspension for a minimum of 12 months. This is known as a statutory summary suspension (625 ILCS 5/2-118.1). There are longer suspensions for repeat offenders, and the refusal to submit to a chemical test can be presented in court as evidence of guilt. If you are facing DUI charges, having an experienced Joliet, IL criminal defense attorney by your side can make all the difference in the consequences of your charges.