Illinois law states that a driver is deemed to have given his consent to the testing of his breath or blood for the purpose of determining its alcoholic content. In the real world however, for a very wide variety of reasons, a substantial number of individuals end up refusing to take a breath or blood test after being arrested in Illinois on suspicion of DUI.
Refusal cases are serious in court, because Illinois law calls for mandatory custody in refusal cases. Refusal cases are serious before the Illinois DMV, because the law calls for an outright one-year suspension for a first offense. The penalties for a refusal before the court, and DMV, become even more serious if an individual has an allegeable (within 20 years) prior offense(s).
Refusal of a Breath or Blood Test
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