Should I Take a Breathalyzer Test in Illinois?

At the moment that you’re being asked to submit a breath sample to a law enforcement officer, you don’t really have any good options, especially if you’re drunk. On the one hand, you can refuse to take the breathalyzer test, have your license suspended for 12 months, and still face charges for DUI anyway. On the other hand, you can take the breathalyzer test and it will reveal you have a blood alcohol content of over 0.08, and you face a six month suspension of your driver’s license and charges of DUI.

In the majority of DUI cases, the officer will ask that you take a breathalyzer test. If the officer suspects you are under the influence of illegal drugs, they can request a blood test or a urine sample. Refusing to take either the blood test or give the urine sample will have the same impact as refusing a breathalyzer test.

The difference between the roadside breathalyzer test and the one at the station 

There is a significant difference between the Portable Breath Test (PBT) that the officer provides when you are being pulled over, and the breathalyzer test that is performed at the police station. The officer will ask you to blow into the portable breathalyzer device and it will immediately display your blood alcohol content on the screen. These tests are less accurate than the breathalyzers performed at the police station. The results are not even admissible in court.

The reason why the results aren’t admissible in court is because they are not scientifically reliable. However, it can be used to show that you should be arrested for driving under the influence. In other words, it’s used to establish probable cause. You can refuse this test without worrying about your license being suspended. However, police will likely arrest you on suspicion of DUI anyway. The suspension only applies to breathalyzer tests performed at the police station.

What happens if I submit to the breathalyzer test at the police station? 

Those who submit to the breathalyzer test at the police station can expect an officer to observe them for at least 20 minutes to ensure you don’t put anything in your mouth. The officer will then demonstrate how you should blow into the device. You must provide a successful breath sample. If you fail, you can face a 12-month suspension of your license. The machine will generate a slip of paper that shows your blood alcohol content. A positive result will make it much more difficult to defend your case.

On the other hand, refusing to submit makes it more difficult for the state to prove its case. That doesn’t mean it’s impossible. The state will present other types of evidence and especially rely on the arresting officer’s testimony.

Talk to a Macon, IL DUI Attorney Today 

If you’ve been pulled over and charged with DUI, the Champaign criminal defense lawyers at Patel Law, PC can help. Call our office today to schedule an appointment, and we can begin advocating on your behalf right away.