When a person is stopped on suspicion of driving under the influence, they are typically asked to take a field test and a BAC (blood alcohol content) test. These are used to determine their level of intoxication and to determine if they should be charged with a DUI. It is important for a person to determine if taking the BAC test is a good idea for their situation and then contact a drunk driving lawyer in Plano, IL for further help.
The BAC Test Is Required
Illinois is a state with implied consent for the BAC test. This means that a person gives their consent to take the test by obtaining their driver’s license and getting behind the wheel. If they refuse the test despite this, they can be penalized for the refusal even if they are not convicted of a DUI in the end. Refusing to take the test doesn’t mean they cannot be arrested for a DUI, as the officers can use other methods to determine whether they should be arrested.
Penalties for Refusal of the BAC Test
If a person refuses to take the BAC when requested, they face an automatic suspension of their license as well as additional fines. The suspension length depends on whether it is the first time they have refused the test and is separate from any suspension received as part of a DUI conviction. The first offense will result in a one-year suspension of their driver’s license.
Contacting a Lawyer Can Help
Taking the BAC doesn’t mean the person is automatically guilty of the DUI and will be convicted. There is a possibility the BAC was not administered properly or was not properly calibrated, meaning the results cannot be used in court. A lawyer can help the person determine if this applies and if the results can be suppressed in court.
If you’ve been arrested and charged with a DUI, whether or not you decided to take the BAC, you need a lawyer to help you further. Take the time to contact a drunk driving lawyer in Plano, IL quickly to learn more about your options and what they can do to help you avoid a conviction and significant penalties.
