By driving a car on the public highways in Illinois, the law considers you to have given consent to a roadside breath or sobriety test. If a law enforcement officer stops your vehicle and reasonably suspects impairment, the officer may request that you perform a field sobriety test.
Under Section 11-501.9 of the Illinois Compiled Statutes, refusing to comply with a field sobriety test request may worsen the situation. The officer could note your refusal as an admission of impairment. The officer may allege that you ingested unlawful substances or consumed an amount of alcohol greater than the legally allowable limit.
A test refusal may result in a cannabis-related allegation
Illinois legalized recreational cannabis in 2019. It is illegal, however, to smoke marijuana in public places including personal vehicles, as reported by WSILTV.com.
When traveling with cannabis, the law requires sealing it in its original odor-proof package and keeping it out of a driver’s arms reach. If you legally possess marijuana that is visible in your car, refusing to comply with a sobriety test may result in an officer alleging that the cannabis resulted in a driving impairment.
Refusing to submit to a test could lead to an arrest and loss of your driver’s license
As reported by the Chicago Sun-Times, with probable cause such as red eyes, an officer may place you under arrest for allegedly using marijuana. At the police station, officials may ask you to submit to a urine or blood test. Refusing to comply with a chemical test when requested could result in the revocation of your driver’s license.
A license suspension may also follow traffic charges, which could include driving under the influence or unlawful marijuana possession. You may, however, challenge the charges in court to avoid a conviction.
