So you had a couple of drinks while you were out with friends, family or co-workers. You probably never thought that your blood alcohol concentration could possibly be at or above Illinois’s legal BAC limit of .08. That is, until a police officer asked you to submit to a breath test, and the Breathalyzer machine used indicated that you may have been drunk driving.
Based on those test results, the officer arrested you, and now you face a DUI charge. You may think to yourself that you never should have agreed to the test, but legally, you really didn’t have a choice. Of course, you could refuse, but then you would violate the state’s implied consent law. When you received an Illinois driver’s license, you agreed to submit to a breath test if requested to do so by a police officer. A refusal means an automatic suspension of your driver’s license for a prescribed period of time, though the tradeoff may be worth it in some circumstances.
However, since you did submit to the test, you now have to deal with its results. The good news is that not all breath tests are accurate. Whether through the fault of the machine or the officer using it, inaccurate results remain a distinct possibility. Raising valid questions regarding the accuracy of the test results could mean the results cannot be used against you and could mean a reduction or dismissal of the charges.
You may never know if this is a possibility if you fail to challenge the drunk driving charges, however. Just because a Breathalyzer indicated you were impaired does not automatically make it so. It may be in your best interest to consult with a criminal defense attorney before making any decisions that could further affect your case and your future.