You are at a Christmas Eve party, enjoying a lovely celebration with your family. And, as with many good celebrations, you are enjoying a couple of drinks.
Right as the party begins wrapping up, you start driving home. You are almost at home when, all of a sudden, a police car’s sirens turn on, forcing you to pull over.
You pull out of the car and, then, are asked to conduct a field sobriety test. This test does not go well, and to conclude the process, you are asked to take a blood test.
Given the results of the field sobriety test, you feel that taking this blood test would be unwise. As such, you refuse to do so, opting for the penalties which could be having your license suspended for twelve months.
Going over the laws at play within this scenario and what could be done to avoid this situation while speaking with a Schaumburg DUI attorney at Glasgow & Olsson will allow you to protect your rights if you are arrested for a DUI charge on Christmas Eve.
You Can Refuse A Blood Alcohol Test, But There Are Consequences For Doing So
The state of Illinois relies on an “implied consent law,” which asserts the following: if you are driving in the state of Illinois, then you have already given your consent to a test that reveals your blood alcohol levels.
Just as an example, if you are driving in Cook County, then you can receive a blood alcohol test because you have already, as per this law, given your consent to do this.
Even though the above is true, you can refuse a blood test. But, in doing so, you may be hit with a license suspension of twelve months as a result of Illinois implied consent law if your attorney does not file motions to have the Court rescind your suspension.
What Can You Do To Avoid This Situation?
You are not a criminal. But, even so, there are certain things that you can do to prevent this situation from arising.
Some of the actions you can take to avoid a license suspension after a Christmas Eve party are as follows:
- Rely on a ride-sharing service.
- Ask for a ride from a family member who hasn’t been drinking.
- Stay at the place where the party was hosted.
- Find a nearby hotel within walking distance, and stay there.
- Consent to a blood test and, if the results are greater than .08, speak with an attorney.
Regarding the latter, this may not seem like a wise choice, but it often is. Some of the most notable reasons for this are as follows:
- You may receive a six-month suspension if the blood test is greater than .08.
- If you are charged with a DUI, refusing the test can be used by the State to argue that you were intoxicated.
- Contesting your DUI charge, if you have submitted to a test, can be quite challenging unless your attorney has experience in litigating breathalyzer, urine, or blood results.
No matter what happens, though, you must contact an attorney who can protect you. You are not a criminal, but in these situations, it is very easy to be treated like one.
Get The Legal Help You Need Today
If you need representation for a DUI charge in Cook County, then Glasgow & Olsson is uniquely qualified to help.
When you need an attorney, experience matters.
Contact one of our DUI attorneys today, and we will help you obtain the best possible legal outcome.