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Dupage County DUI
Attorney
Law Offices of Peter Buh
115 Cambell Street, Suite 208
Geneva, IL 60134
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Should you take a breathalyzer test or refuse?
As a practicing attorney, many individuals ask me, if I have been
drinking, should I take the breathalyzer test? In Illinois,
there are two types of breathalyzer tests. The first is the
portable breathalyzer test, which is inadmissible in any criminal
proceeding. The second is the breathalyzer test administered
after you have been arrested for a DUI and taken to jail.
There are many important factors to
take into consideration. The most important determination is
how much alcohol did you consume before being stopped by the
police? How much time has elapsed since your last alcoholic
drink? Did you eat any food since your last alcoholic drink?
At the point the officer
requests you take a breathalyzer, the officer has typically formed the
opinion that you are under the influence of alcohol. The
officer would have smelled alcohol on your breath, noted that you have
slurred speech and requested that you perform field sobriety
tests. If you had passed the field sobriety tests, he
typically would not ask you to take the portable breathalyzer
test. In fact, if you passed the field sobriety tests, you
have a strong argument that the officer did not have probable cause to
arrest you. If the officer did not have probable cause to
arrest you, the case would be dismissed.
If the officer arrested you
for a DUI, you can expect to be handcuffed and taken to the police
station. The officer will read to you the warning to motorist
and attempt to coerce you in taking the breathalyzer test. If
you take the breathalyzer, you may potentially give the police their
strongest piece of evidence concerning your arrest for DUI.
If you take the breathalyzer and register a .08 or greater, your
license will be suspended for a period of 6 months. You will
not be able to drive for 30 days of that suspension, but if you are
eligible for a MDDP permit, you will be able to drive for the last 5
months with a BAIID device. In addition, the odds of a DUI
conviction rise because of this breathalyzer result.
However, if you refuse the
breathalyzer, the state will be missing their strongest piece of
evidence and you may have a stronger case. Your license may
be suspended for one year, with the ability to drive with a BAIID
device in your vehicle for 11 months.
To take a breath test is a
personal choice for each individual who is stopped for a potential
DUI. If you are intoxicated, the best course of action to
avoid a DUI conviction is to politely refuse to take any field sobriety
tests. Avoid talking as much as possible and refuse any and
all breath tests. Your license will be suspended, however the
state has a difficult task in proving that you were under the influence
of alcohol beyond a reasonable doubt
Call me for a free consultation:
1-630-925-7188
Law Offices of Peter Buh
115 Cambell Street, Suite 208
Geneva, IL 60134
630-925-7188
Office
630-319-4945 Cell
630-829-7138 Fax
pbuhlawoffice@yahoo.com
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