Understanding The Impact Of Roadside Breath Tests
When people are pulled over for driving under the influence (DUI), they are typically asked to take a breath test. The results of the breath test will determine whether they will be charged with drunk driving and will also have an impact on the penalties.
Refusing The Breath Test
The breath test is not considered optional. Illinois has an implied consent law, which states that anyone who has obtained a driver’s license has implied consent to a breath test upon being pulled over on suspicion of drinking and driving. Violating the implied consent law and refusing to take the breath test will result in an automatic driver’s license suspension. However, in some cases, the cost of refusing the breath test may outweigh the results of taking the breath test, so options should be carefully considered.
Whether or not you took the DUI breath test, you can benefit from the help of an experienced attorney. I am Tom Speedie, a lawyer with more than 20 years of experience serving Nashville, Washington County and all of Southern Illinois.
Results Of The Breath Test
If you blew over the legal blood alcohol content (BAC) limit of .08, you will be charged with DUI. If you blew .16, you may face greater penalties.
The Breath Test Is Not Flawless
It is important to realize that the Breathalyzer, the type of breath test used in Illinois, is not flawless. It must be regularly calibrated and maintained. It must be administered correctly by someone trained in its use. If I determine that a mistake was made in the administration of the test, I will request that the evidence be thrown out, which could lead to case dismissal.