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Lombard IL DUI defense attorneyDriving under the influence may result in significant penalties in Illinois, including driver’s license suspension, mandatory alcohol education classes, and in some cases, even jail time. DUI penalties are especially severe if there are certain aggravating circumstances present or it is not the defendant’s first DUI. If you or a loved one was arrested and charged with drunk driving based on the results of a chemical blood alcohol content (BAC) test, you may wonder if these test results may be disputed.

Contesting the Result of a Breath Alcohol Test

In Illinois, a driver is intoxicated “per se,” or automatically considered to be intoxicated, if his or her blood alcohol content is 0.08 percent or greater. Most police officers carry a portable breath test often referred to as a breathalyzer. These preliminary tests are typically used to establish probable cause for the DUI arrest. However, the results of a preliminary roadside BAC test alone are not enough to secure a conviction. Usually, after someone is arrested for DUI, they are issued a secondary test at the police station. These evidentiary tests are considered to be more reliable than the roadside test. However, several issues can cause a BAC test to be inaccurate, including:

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IL DUI lawyerWhen a person is pulled over by a police officer or highway patrolmen, it is entirely common to feel helpless. If you are driving home after a night spent with friends and are fearful that you may be driving over the legal limit for blood alcohol content (the nationwide legal BAC limit is 0.08), it is important to know how to react. If convicted of a DUI, you could face significant fines, loss of driving privileges, and even potential jail time. Due to the severity of the criminal punishment that an offender can face for driving under the influence, it can be wise to refuse chemical testing. Below we will examine the potential ramifications of a test refusal.

How a Test Refusal Can Impact You

According to Illinois state law, a driver must adhere to an officer’s request for a chemical test. This is written in Illinois’ implied consent law, which states that a driver has authorized consent for testing of breath, urine, or blood if an officer deems probable cause of intoxication. It should be noted that refusal of chemical testing is not a criminal offense, but can come with significant ramifications.

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