When one is pulled over for suspicion of driving drunk, they may be asked to submit to a breathalyzer test. While, ultimately, you do have the right to refuse this test, doing so could increase your odds of experiencing an arrest and the subsequent penalties. Submit and blow a blood alcohol concentration (BAC) that registers over the limit and you will be arrested anyway.
What is BAC and how does it affect your ability to drive? The following information explores the answer to these questions. You shall also learn how to fight back against the potential consequences of a DUI, including the suspension of your Illinois’ driver’s license.
What is BAC?
BAC is a measurement of the amount of alcohol in your bloodstream (or your “level of intoxication”) and it can only be accurately determined through a blood test. (Note that not all blood tests are accurate.) Obviously, law enforcement would not be able to use this type of testing out in the field, which is why they have breathalyzers. Able to detect the amount of alcohol in the mucous membranes of your mouth and throat, it can establish enough probable cause for a DUI arrest. Should that occur, you may be faced with serious criminal consequences.
When You Blow Over the Legal Limit
If you blow over the legal limit (while this is typically 0.08, it may vary, depending on your license classification and/or age), the officer has probable cause to make an arrest. As soon as reasonably possible, you will then be asked to submit to a chemical test (a blood test).
You can decline chemical testing, but doing so may result in the issuance of a notice of statutory summary suspension (but so does testing over the legal limit). Unless you fight back, this order automatically suspends your license on the 46th day after notice. From there, you only have 45 more days to file a petition to rescind.
One may also experience criminal charges if they refuse chemical testing or test over the legal limit. The classification of those charges and their resulting consequences may vary greatly, depending on the circumstance, but there are some commonalities from one case to the next. For example, most DUI defendants are fighting against jail time, fines, and a suspension of their Illinois driver’s license.
Contact Our Wheaton DUI Defense Lawyers
At Davi Law Group, LLC, we aggressively protect the Constitutional rights of drivers arrested on suspicion of a DUI. We know that the evidence is not always what it seems, which is why our Wheaton DUI defense lawyers go the extra mile to separate fact from fiction in your case. No matter what the circumstance, we will strive for the most favorable outcome. Get started by scheduling a personalized, no-obligation consultation. Call 630-580-6373 today.
Source:
https://www.cyberdriveillinois.com/publications/pdf_publications/dsd_a118.pdf