Refusal to take breathalyzer test in IL
My sister currently has several pending charges within the state of IL for things not related to alcohol or driving. Last night, she was pulled over driving friends home from a party, and was arrested for being under the influence of alcohol. She refused to take the breathalyzer test under the advise of a friend. Per the IL Police website, that seems like an automatic conviction. Is that true? What options does she have? She is 22, and this is her first offense of this nature.
1 Answer from Attorneys
Re: Refusal to take breathalyzer test in IL
The result of a refusal to take a breath test is not an automatic conviction, but rather a driver's license suspension that takes effect 46 days after the arrest. (Generally, there are some exceptions to the time issue that do not seem to apply here). She has time to contest the suspension, but must file a petition to rescind the suspension within 90 days of receiving the notice of statutory summary suspension which the police officer should have given her.
Regardless of the outcome of the suspension issues she can still contest the DUI which is a separate proceeding. If there are further questions, feel free to call 630-257-8280.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
