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Drunk Driving & Implied Consent

When stopped by an officer under the suspicion of intoxicated driving and asked to submit to a sobriety test, many drivers are unsure what rights they have. Under Illinois law, a driver pulled over for suspected drunk driving has the right to refuse to submit to a breath or blood test to determine their blood alcohol concentration (BAC). It is very important to understand, however, that refusing to do so will result in severe penalties.

Understanding Implied Consent in Illinois

In light of the state's implied consent laws, if you refuse to submit to a chemical test to determine your BAC, you could have your driver's license suspended This administrative penalty is separate from any penalties that may be enforced as a result of conviction for DUI in the criminal court system. Unfortunately, this means that if you are found guilty of drunk driving after refusing a chemical test, you could lose your ability to drive in addition to any fines, jail time, community service, or probation imposed by the court.

Penalties for Refusing a Chemical Test

If you are found guilty of refusing to submit to a chemical test to determine your BAC, you could lose your license for up to 6 months even if it is only your first offense. For a second test refusal within 5 years, you could be punished by a license suspension of as long as 3 years. Although the risk of having your license taken away can be overwhelming, it is important to understand that you do have the right to fight the accusations that you violated the state's implied consent laws, which is why it is crucial to have a skilled DUI defense lawyer on your team.

Fight your license suspension!

At Fagan, Fagan & Davis, our Chicago DUI defense lawyers understand the serious impact the outcome of your case will have upon your life, which is why we are committed to providing our clients with nothing short of powerful advocacy. We can thoroughly investigate the circumstances that led to your arrest to determine whether the charges are unlawfully made against you. In many cases, drivers are wrongfully charged under implied consent laws after the officer failed to inform them of the consequences of refusing to take a chemical test and after they did, in fact, submit to a blood or breath test.

If you believe you are unjustly facing the suspension of your license for an alleged test refusal, do not hesitate to contact our firm. We have effectively defended thousands of clients against DUI charges and possess more than 100 years of combined experience fighting for the rights and interests of our valued clients. Don't give up if you are facing license suspension; contact our skilled defense attorneys to discuss your options and ensure your rights are protected!

Where do we appear in court?

We regularly appear for Illinois Criminal defense, DUI defense and Traffic violations throughout the Chicago area including Cook, Lake, DuPage, Kane and Will county courts, Skokie, Rolling Meadows, Bridgeview, Markham, Maywood, Waukegan, Wheaton, Naperville, Elgin, St. Charles and more.