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630-472-9700
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Kathryn L. Harry & Associates, P.C.
630-472-9700

DuPage County BAC Test Refusal Defense Lawyers

Attorneys Representing Lombard Clients in DUI Cases Involving Refusal to Take a Blood Alcohol Test

In most states, when you are stopped on suspicion of driving under the influence (DUI), you may be asked by the police to submit to a blood alcohol concentration (BAC) or urine test to determine the level of intoxicating chemicals in your blood. When you refuse a chemical test for DUI in Illinois, you will be subject to the state's implied consent law, which requires an automatic suspension of your driver's license. If you are facing DUI charges and have refused a BAC test, an experienced DUI defense attorney is essential to your case. At Kathryn L. Harry & Associates, P.C., we have years of successful resolution of DUI cases and a wide range of other traffic violations for clients throughout DuPage County and the greater Chicago area.

Penalties for DUI Refusing a BAC Test in Illinois

You are subject to DUI charges if you drive while impaired by alcohol, other drugs, or intoxicating compounds and substances, including prescription and over-the-counter drugs. In Illinois, a BAC of .08% or more, a THC (marijuana) concentration of more than 5 nanograms per milliliter of whole blood or 10 nanograms per milliliter of another bodily substance, or any amount of a controlled substance can bring a DUI charge. You can also be charged with DUI for a BAC level between .05 and .08 if, through other evidence, your ability to drive is determined by police to be impaired or unsafe.

When you are caught by surprise in a police stop for suspicion of DUI, you may not be aware of the sequence of events in your detainment, and you may not have a clue as to the best course of action. You may have had a drink or two earlier in the evening but got behind the wheel after considerable time without feeling you were impaired in any way. If asked to submit to BAC or urine test, you may have declined it. There are times when a refusal to submit to chemical testing may be the appropriate choice for you. However, refusal to take a breath or urine test when charged with drunk driving will result in an automatic summary suspension of your driver's license. The summary suspension involves:

  • A one-year suspension for a first offense, and a three-year suspension for a second or subsequent offense within five years.
  • The suspension will take effect on the 46th day after the date on the notice of suspension.
  • At the end of the suspension, you will be required to pay a $250 reinstatement fee for a first offense, and a $500 fee for a second or subsequent offense.
  • If convicted of the DUI, your license will be suspended for one year for a first offense, and two years if you are under the age of 21.
  • First-time offenders may be eligible for a Monitoring Device Driving Permit (MDDP), which will allow them to drive during their license suspension as long as their vehicle is equipped with a Breath Alcohol Ignition Interlock Device (BAIID).

Call a Hinsdale, IL BAC Test Refusal Defense Attorney

Our attorneys can help you understand the charges, penalties, and defenses for refusing to take a chemical test when you are stopped on suspicion of DUI. At Kathryn L. Harry & Associates, P.C., we can answer your questions about the DUI laws in Illinois, the range of penalties you face, and the defense options for your case. Our goal is to get your charges dismissed or reduced and protect your driving privileges. There is too much at stake to trust your future to inexperienced lawyers. Contact our Oak Brook DUI defense lawyers at 630-472-9700 for a free initial consultation. We represent clients in cases involving DUI drugs, and DUI prescription medications in Lombard, Downers Grove, Wheaton, Hinsdale, Willowbrook, Westchester, and DuPage County area.

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