Do Illinois DUI Laws Require Blood-Alcohol Testing?

If you are stopped for a DUI in Illinois, you may wonder if you have to have your blood tested to find out the amount of alcohol in your system. The answer is that the Illinois DUI laws do not require you to submit to such testing, as you can refuse. However, if you do refuse any type of chemical testing, whether blood or otherwise, you will likely face consequences.

Know Illinois DUI Laws, Such as Types of Chemical Testing

The blood-alcohol test is just one of the categories of chemical testing. You may be asked instead to take either a urine test or a breath test to screen for alcohol in your body. Note that under Illinois DUI laws, the consequences of refusing any of these tests are the same. Also be aware that you cannot typically choose the type of chemical test once you agree to take it, as it is up to the police officer to choose the screening mechanism.

You Can Expect Consequences for Test Refusal

The Illinois DUI laws follow the implied consent rule, which means that just by virtue of driving a car in this state, you give police officers the right to test you for alcohol consumption. However, you are still allowed to refuse any type of testing when you are pulled over. You should simply expect consequences, whether or not you are convicted of a DUI in the end.

If you take the blood-alcohol test and fail it by getting .08 or higher, you can expect your license to be suspended for 90 days if it is your first DUI offense, and up to one year for a second offense. However, if you refuse to take the test, it will be suspended for one year for the first offense, and three years for the second. This occurs whether you eventually get convicted of a DUI or not.

Deciding Whether to Take the Test

If you believe your blood-alcohol level is above .08, you might consider refusing to take the test. This may result in an immediate license suspension, whether you are actually impaired or not, but you will not have the evidence of a blood-alcohol test against you. Of course, it is possible that you will still be convicted of a DUI through some other procedure, in which case you will face fines, possible jail time, and a longer license suspension period. Before refusing to take the test, it is important to weigh the consequences, as the results of your refusal vary depending on other factors in your case. 

Talk to a Lawyer for More Information

Whether you have already been pulled over and refused the test, or would just like to know how to handle this issue in the future, it is helpful to talk to a lawyer in Illinois. The Illinois DUI laws may change occasionally, and it is important to stay updated in order to have the best chances of avoiding a DUI conviction.