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Can You Refuse A Breathalyzer?

In Illinois, as in most states, refusal to take a breathalyzer test results in an automatic suspension of your license for six months to one year. And if you are ultimately convicted of a DUI after refusing the test, you could face even stiffer penalties than if you had taken it.

But doesn't a chemical test -- be it a breathalyzer, urine or blood test -- violate your 5th Amendment right against self-incrimination?  Well, let's see...

"Implied consent" laws require motorists to submit to a breathalyzer or other blood alcohol level test if the officer has a reasonable suspicion you are drunk.

This "implied consent" is part of the agreement each and every Illinois motorist signs when he or she gets a driver's license. In fact, all 50 states have implied consent laws.

However, there are ways to challenge the results of a breathalyzer test and an experienced Illinois DUI lawyer may be able to help.