What happens if you are pulled over and refuse a DUI test? Don’t you have the option to consult an attorney?
Saturday, July 26th, 2008 at
7:18 am
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JJ007 asked:
I live in Illinois. Wouldn’t you have the right to consult an attorney before answeing any questions or taking a test?
I live in Illinois. Wouldn’t you have the right to consult an attorney before answeing any questions or taking a test?
No. according to the law, by accepting a license you are giving an implied consent to take a breathalyzer if asked by a police officer or you lose your license. It is in the fine print when you get your license.
If you refuse the test, your license is suspended for 46 days.
Also persons arrested for drunk driving or charged with DUI / DWI in Illinois do not have the right to consult with an attorney prior to deciding to submit to or refuse chemical testing.
no u signed a sheet that makes you take one if suspected or else ud get prisoned right? this is californias law
No you do not. If you do not take it you will be arrested. And you will be charge.
NO. By driving a car you give implied consent to a breathalyzer test at any point.
Illinois courts have uniformly concluded that a defendant has no right, either constitutional or statutory, to consult with an attorney prior to submitting to a breathalyzer test. See People v. Thomas, 199 Ill. App. 3d 79, 556 N.E.2d 1246 (1990); People v. Cadwell, 160 Ill. App. 3d 495, 513 N.E.2d 539 (1987);People v. Gaddi, 145 Ill. App. 3d 227, 494 N.E.2d 696 (1986);Village of Cary v. Jakubek, 121 Ill. App. 3d 341, 459 N.E.2d 651 (1984).
If you’re under arrest you have rights to an attorney. If you aren’t under arrest just exercise your right not to answer questions (which is most likely what an attorney will tell you anyway).
Yes, you have to take any physical or breath test they ‘demand’ of you. You don’t, however, have to answer any questions without speaking to a lawyer. That includes the question a breathalzyer operator askes you … i.e. Have you been drinking? What and how much? When did you have your last drink? etc. A lawyer (even on the phone) will tell you just that – take the test, but don’t answer any questions.
You have an absolute right to flatly refuse a field sobriety test (the one where the cop has you walk a straight line, touch your nose, recite the alphabet, count backwards, and dance an Irish jig at the side of the street right in front of all your gawking neighbors) because some qualified drivers could legitimately have a bad knee, be dyslexic, be elderly, or otherwise have trouble performing some of those tricks sober. However, refusing a breathalyzer test will result in an automatic suspension of your license for a period of a certain number of months (depending on your state). If you refuse both these tests you MIGHT get away from a DUI charge, but it’s a gamble. Because if the cop is sufficiently convinced you’re drunk he can arrest you based on your intoxicated behavior alone (slurred speech, erratic walking, etc). And in some states the cop can subsequently even order a forced blood test where you’re strapped down in a gurney and they take a sample out of you. Then you get to contact an attorney. Are you afraid of needles, by any chance?