Legal Question in DUI Law in Illinois

My friend is charged with an aggravated DUI, it is her second DUI. There was not car accident involved. She was pulled over because someone called in and said she was swerving and her vechicle was almost hit. That witness called in anonomously. She refused the breathalizer test. Can this case possibly be thrown out because there is no "real" proof that she was drunk?


Asked on 4/05/11, 11:12 am

1 Answer from Attorneys
David Gotzh Law Office of David Gotzh

If refusing the breath test got everyone off the hook, no one would ever be convicted of DUI's. Since this is her second, and it's aggravated, the stakes are very high due to new changes in the law.

In short, yes they can, and often do, convict despite her refusing. Subpoenaed items, such as the police dash cam and testimony from the officer, for example, are often compelling.

Have her at least talk to a DUI attorney in her area, a good one is worth their weight in gold.

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Answered on 4/05/11, 11:49 am


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