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Illinois DUI Refusing a BAC Test Defense Attorneys

Refusing a BAC Test Defense Lawyer in DuPage County

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 chemical 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 means a fine and 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. The skilled attorneys at Kathryn L. Harry & Associates, P.C. have years of successful resolution of DUI cases and a wide range of other traffic violations for clients throughout the Chicago area.

Penalties for DUI Refusing a BAC Test in DuPage County, 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, and any level of cannabis or meth in your system. In Illinois, a BAC of .08 or more, or the use of any amount of illegal substance can bring a DUI charge. You can also be charged 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 the 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 where impaired in any way. 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 BAC, or a Breathalyzer or urine test when charged with drunk driving, will result in a summary suspension of your driver’s license. The summary suspension involves:

  • The immediate suspension of your license for 180 days
  • After your have been arrested, given time to sober up in jail, been arraigned and given bail, you will get a receipt to drive for 45 days to allow you time to fight the arrest and suspension
  • On the 46th day after your arrest, the suspension take effect
  • If convicted of the DUI, your license will be suspended for one year for the first offense, two years if you're under 21

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. We can answer your questions about the DUI laws in Illinois, the range of penalties you face, and the defense options for your case. We have experienced DUI attorneys at all of our three convenient offices available to discuss your rights and defense strategies. 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 us right away for a free initial consultation. We represent clients in cases involving DUI drugs, and DUI prescription medications in DuPage, Cook, Will, and Kane counties, and throughout the 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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