You may have heard all about the concept of implied consent, which according to FindLaw means drivers who are suspected of being under the influence of drugs or alcohol must submit to a blood-alcohol test.
So while Illinois law may unequivocally state that yes, you must submit to a breathalyzer test, most Chicago DUI lawyers will offer a more nuanced view, as a Chicago Now blog explains. Illinois criminal attorney Lewis Gainor, who writes the blog, first makes it clear that motorists stopped on suspicion of a DUI really don't have much of a choice during the initial stop.
Still, in answering the question of whether "to blow or not to blow," he provides the common attorney answer, "It depends."
Anyone who refuses to blow is subject to an automatic 12-month license suspension, while the typical suspension for blowing above the legal limit of 0.08 percent is 6 months. The catch, of course, is that by blowing into the breathalyzer you provide evidence that can be used against you (more on that later).
The playing field changes if it's potentially your second offense. Refusal can result in a 3-year suspension, while blowing more than the legal limit can result in a 12-month suspension.
But here's where it gets less clear-cut, according to the attorney blogger: The first breathalyzer test, the portable breath test (or PBT) that cops use during the initial roadside stop, is inadmissible in trial for a DUI offense. If you blow over the limit on the PBT, then police give you a second, legally admissible test on the more-reliable stationary machine at the station.
If you're right at or just above the limit in the PBT, it may be to your advantage to take the second test at the station; because if it's below the legal limit, no charges will be brought against you. But he warns that it is a big gamble, since you'd have virtually no defense against an over-the-limit second reading.
Related Resources:
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Should I Take a Blood Test or a Breathalyzer Test if I am Asked? (FindLaw ABA Family Legal Guide)
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Ohio Imposes Harsh Penalties for Refusing Breathalyzer (FindLaw KnowledgeBase)
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Consult with a Chicago DUI Lawyer (FindLaw)
