June 29, 2008

DUI Breath Test Refusal Illinois IL

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Filed under: DUI attorney Chicago, DUI attorney Illinois — author @ 12:04 am

Reader’s Question:

I was charged with DUI here in Illinois two days ago. I refused to take any blood alcohol test. I was advised by a friend about the 10-day rule before they could even suspend my license. What happens if I am unable to do this?

Lisa

Chicago, IL

Thanks for asking, Lisa.

In the state of Illinois, if the driver refused to a blood alcohol test, or if submitted and have a breathalyzer result of 0.08 or higher for age 21 or more, .04 or higher if driving a commercial vehicle, or .02 or higher if under age 21, the state will attempt to suspend your license for one to five years. In most case, this attempt to take away your right to drive will occur before trial. This would be automatically entered against you unless you file an “appeal” letter within 10 business days after the date of your arrest.

You will have an administrative driver’s license suspension for one to five years before you even go to trial on your DUI offense if you don’t request a hearing. You have a fighting chance to keep driving until your DUI case comes to court if you were able to request the hearing.

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