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Implied consent, preliminary screenings and Breathalyzers

On Behalf of | May 17, 2018 | Drunk Driving-DUI Charges

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.

Penalties for refusing post-arrest Breathalyzer test

As mentioned earlier, as a licensed driver in Illinois, you consent to taking a Breathalyzer when a law enforcement officer lawfully requests that you do so. If you refuse, you may face serious administrative penalties, including a lengthy license suspension.

Who can help you determine the best options?

The state’s applied consent laws are one of the many things that can have impacts on the situation of an individual facing allegations of drunk driving.

If you are in legal trouble related to DUI allegations, it is important to remember that you have rights that no police officer or anyone in Illinois or elsewhere can take away. One of those rights allows you to seek out defense representation. Having quality guidance can be an important step in fighting for a workable solution to legal problems related to DUI accusations.


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