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Should You Refuse a DUI Breath or Blood Test?Drivers who are stopped on suspicion of driving under the influence often face a difficult decision when a police officer asks them to submit to chemical testing. Providing a breath or blood sample could give evidence that your blood alcohol concentration is above the legal limit or that you have an illegal drug in your body. However, refusing the test will result in the suspension of your driver’s license and will not prevent prosecutors from charging you with DUI. Though there are consequences for refusal, preventing chemical testing could make it more difficult to prove that you are guilty of DUI.

Implied Consent

According to the implied consent law, Illinois drivers have already consented to chemical testing for DUI when they are driving or have actual physical control of a vehicle. If you refuse chemical testing, the police will notify the Illinois Secretary of State’s office, which will suspend your driver’s license for a year. In contrast, failing a DUI test results in a six-month license suspension, though a DUI conviction would come with worse consequences. A summary suspension is an administrative action that is separate from criminal charges. Your license can be suspended even if you are never charged with or convicted for DUI.

Rules for Chemical Testing

A court may dismiss the evidence from a chemical test if the officer did not follow the legal procedures:

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