Can You Refuse a Breathalyzer or Field Sobriety Test in Illinois? Facing a DUI charge in the state of Illinois? Attorney Joshua Boardman from Combs Waterkotte discusses whether or not you can refuse field sobriety or chemical tests in Illinois.
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Interview Transcript
Scott Michael Dunn: Can I refuse a breathalyzer or a field sobriety test? Is there a difference between Missouri and Illinois?
Joshua Boardman: The difference in Missouri is it operates under the Department of Revenue. The state of Illinois operates through the Secretary of State‘s office. So if you refuse a breathalyzer or some sort of sobriety test whenever you’re being detained, then what occurs is a 12-month suspension of your license. Now you can file a petition to rescind that statutory summary suspension and you have to have a hearing within 90 days, but if you refuse, then you do lose your driving privileges. Over in Missouri, you’ve got a similar process to where if you refuse, then you can have a chemical verification for up to a year.
