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Can I Lose My License for Refusing a BAC Test in Illinois?

Posted on in Driver's License Reinstatement

McHenry County drivers license reinstatement attorney

In Illinois, a conviction for driving under the influence (DUI) usually results in the revocation of one’s driver’s license for at least one year. However, driving privileges can also be suspended even before a DUI conviction based on the circumstances surrounding blood alcohol concentration (BAC) tests administered by law enforcement. You may be aware that failing a BAC test can result in the suspension of your license, but it is important to know that a suspension can also be assessed if you refuse to submit to a test.

What Does Illinois’s Implied Consent Law Mean for Drivers?

According to Illinois law, all drivers on the road are considered to have consented to submit to a chemical test for alcohol and/or other controlled substances in the event that they are arrested under suspicion of DUI. The arrest is a key component of this implied consent law. If a police officer pulls you over under suspicion of DUI and asks you to take a breathalyzer test, you can decline without direct consequences. However, if the officer then informs you that you are under arrest, refusing any subsequent requests for chemical testing will result in a Statutory Summary Suspension of your driver’s license.

A Statutory Summary Suspension for refusing to submit to a test will usually be longer than a suspension for failing a test. For example, if you have been arrested under suspicion of DUI for the first time, the duration of suspension for refusing a test is 12 months, while the duration for failing a test is only six months. If you are arrested after having previously been convicted of DUI, refusing a test will result in a 36-month suspension while failing a test will result in only a 12-month suspension. Furthermore, these suspensions will continue to apply even if you are not ultimately convicted of DUI.

Responding to a Statutory Summary Suspension

If you are notified of an impending Statutory Summary Suspension, you will have the opportunity to request a court hearing to contest it within 90 days. An attorney may be able to help you avoid the suspension by demonstrating procedural errors or misconduct in your arrest or law enforcement’s administration of chemical testing. 

If the suspension remains in effect, your attorney can help you request a Monitoring Device Driving Permit (MDDP) that allows you to continue to drive with an ignition interlock device installed in your vehicle during the suspension. When the suspension ends, your attorney can also help you take the necessary steps to have your license reinstated.

Contact a Rockford Driver’s License Reinstatement Lawyer

At Botto Gilbert Lancaster, PC, we help drivers whose licenses have been suspended or revoked under all manner of circumstances. If you are facing a suspension for refusing a chemical test, we can help you understand your options for protecting or restoring your driving privileges. Call a Winnebago County driver’s license reinstatement attorney today at 779-800-2250 to schedule a free consultation.

 

Sources:

https://ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K11-501.1

https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K2-118.1

https://www.cyberdriveillinois.com/departments/drivers/faq.html

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