Implied consent, preliminary screenings and Breathalyzers

In Illinois, if you are in physical control of a motor vehicle, the laws of implied consent legally bind you. This means that, when you obtained your license to drive in this state, you agreed to take a Breathalyzer, urine or blood test if a police officer arrests you on suspicion of drunk driving and asks you to take a chemical test to determine your blood alcohol content level.

While you do not expressly commit verbally to implied consent rules, your consent is implicit in exchange for driving privileges. It’s critical that you understand the possible penalties you could incur if you refuse to take a chemical or Breathalyzer test in certain circumstances. It’s also a good idea to make sure you understand the difference between a preliminary alcohol screening device and a Breathalyzer device used to determine BAC.

Mobile breath test versus Breathalyzer

If an Illinois police officer asks you to provide a breath sample at the scene of a traffic stop, it is likely that he or she will use a mobile breath test device. This is not the same as the Breathalyzer test police give following a DUI arrest. The latter uses your breath sample blown into a calibrated device to measure the amount of alcohol in your system. The former merely detects the presence of alcohol on your breath.