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Implied Consent And What It Means For A March Madness DUI
posted on 3/26/24

You are enjoying a March Madness game with your close friends. And, while doing so, you enjoy a few drinks and a nice spread of chips and dip.

Right as the game ends, you spend a few minutes socializing while enjoying one last drink. Then, you begin driving home to your house in the northwest suburbs of Chicago.

You have been drinking. But you are not a criminal. And you do not deserve to be treated like one.

Even though this is true, the officer who stops you, just moments before you would be able to pull into the driveway of your home, appears to believe otherwise.

You choose to refuse the field sobriety test you are asked to take. And the result of this is a DUI charge that is set to greatly affect your life. 

Going over what implied consent means with regard to a March Madness DUI and speaking with an Chicago DUI defense attorney will allow you to protect yourself.

What Is Implied Consent?

The state of Illinois relies on a concept known as “implied consent.”

If you are driving in the state of Illinois, then you have consented to a blood alcohol level test.

The above is true, even though you have never signed or said anything that suggests your overall consent.

Or, at least, this is the notion that the state of Illinois subscribes to.

Even though the above is true, you have the right to refuse any test that an officer, who pulls you over due to a suspected DUI, asks you to conduct.

Just as an example, if an officer pulls you over and asks you to breathe into a breathalyzer, you can refuse.

If you refuse a test, though, then your license may be suspended. And, you can still be tested and charged with a DUI, as the arresting officer could use your refusal as evidence against you.

Can You Still Contest Your DUI If You Refuse A Test?

The answer to the question outlined above is “Yes.”

If you are charged with a DUI after refusing a blood alcohol level test, you can contest that particular DUI.

To do so, you must work with an attorney.

A good attorney will go through the facts of your case, including your refusal to take a particular test, so that they can find a particular fact that they can use to craft your defense.

Just as an example, if the officer who pulled you over did not have probable cause to do so, then it was unlawful for that officer to pull you over.

You can use these facts to defend yourself from the penalties that come from being charged with a DUI, as a result of refusing to take a blood alcohol level test.

Get Qualified Legal Help

If you need representation for a DUI charge, we at Glasgow & Olsson are uniquely qualified to help you. 

Thomas Glasgow has lectured statewide on DUI practice and law for the Illinois Institute of Continuing Legal Education.  He is recognized as an authority in this area of law, and in addition to lecturing, he also writes for the statewide DUI manual.  When you need an attorney, experience matters.

Contact a Chicago DUI defense lawyer today to learn how our experience can get you the results you deserve.