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Illinois DUI Breathalyzer Defense Attorney

DuPage County, IL DUI Attorney Defends Against Breathalyzer Test Results

Anyone caught drinking and driving in Illinois will bear the full weight of aggressive prosecution and life changing consequences. After years of serious injury and death at the hands of drivers impaired by alcohol and other controlled substances, the public demands severe punishment for offenders driving under the influence (DUI). If an officer stops you on suspicion of DUI, he or she may have you take one or more sobriety tests and get you to blow into a Breathalyzer to determine your blood alcohol content (BAC) level. Being detained and asked to submit to testing can be a very frightening experience, especially when you are confused about the arresting process and the appropriate actions you should take. If you have taken a Breathalyzer test in a DUI case, an experienced Breathalyzer defense attorney can help protect your rights. We have BAC trained attorneys in the law office of Kathryn L. Harry & Associates, P.C. and have successfully defended BAC results in DUI cases throughout Chicagoland.

Defending DUI Breathalyzer Charges in DuPage County, Will County and Cook County

In a suspected DUI stop, you may be asked on site to breathe into a small Portable Breath Test (PBT) device to determine your level of intoxication. You can decide whether or not to take the PBT test, which could give cause for your arrest if it indicates an excess of the legal level of .08. While prosecutors cannot use the PBT test results as evidence against you in court, the PBT results can be used to show that the officer did not have probable cause to arrest you, if the level shows below .08. You can also refuse the roadside PBT test without penalty.

If you are taken to the police station, officers may request that you submit to the Breathalyzer machine, the results of which are admissible as evidence in your case. You could refuse to take the Breathalyzer test if you suspect the results might not be helpful to your case. This decision is tough to make at the time and a refusal will result in the automatic suspension of your driving privileges in 46 days. Illinois DUI law provides that first-time offenders, who take the BAC and fail, will have their license suspended for 6 months. Those first-time DUI offenders who refuse the BAC will have their license suspended for one year. Keep in mind, however, that attorneys experienced in the process of the Statutory Summary Suspension hearing will fight to win back your right to drive regardless of whether you take and fail or refuse the breathalyzer test.

The attorneys at Kathryn L. Harry & Associates, P.C. will examine the evidence and offer a vigorous defense against your DUI charges and any sobriety and BAC testing. We know the pitfalls in BAC equipment and testing, including:

  • False and inflated readings
  • Lack of calibration
  • Incompetent administration
  • Poor training
  • Improper functioning of old equipment

A conviction on DUI charges of any kind can severely disrupt your life. You can avoid the loss of your freedom and driving privileges, harsh fines, and higher insurance rates with competent effective legal representation by our skilled attorneys. Contact us for a free initial consultation. We have three convenient offices serving DuPage, Cook, Will, and Kane counties and all of the northwest suburban Chicago area.

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A Different Kind of Law Firm:

  • Know the TRUTH:  You will discuss the nature of the charges filed (or about to be filed) against you with an attorney who speaks plainly and does not use legal-ease.
  • Realize more OPTIONS:  We work for you as a team to defend your rights.  Our ability to see all sides of an issue is not an accident.
  • Budget your MONEY: Legal fees are always discussed upfront so there are no surprises.
  • Expand the POSSIBILITIES:  You will receive an honest opinion as to what we think are the available defenses at a trial, what plea bargains are likely to be offered, and what is likely to happen in the event of conviction.
  • Enjoy the CONVENIENCE: You may have a free initial consultation over the phone or in our office.


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  • Main Office:
    1200 Harger Rd., Suite 706, Oak Brook, IL 60523
    (630) 472-9700
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