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Can you refuse roadside testing?

On Behalf of | Aug 12, 2022 | Traffic Offenses And DUI

The police have a duty to protect and serve the public, especially if it prevents tragedy. When you or any other driver appears impaired, the next steps depend largely on you.

A DUI stop is either the result of a checkpoint or an officer’s observation of your driving. Understanding some of your rights and the step the police may take during this interaction may help you prepare.

What can the police do during a stop?

Once the police stop you, the officer will pay attention to the things you say and how you speak. Every bit of this interaction will help the officer determine whether to pursue or abandon a DUI stop. The police are also doing a cursory search of the items in plain sight in your vehicle. Anything that may prove evidence of your intoxication is fair game.

Do you have to take a breath test?

During an Illinois DUI investigation, you may need to choose whether to take roadside tests, a series of simple tasks to gauge your level of impairment, and a breath test. You do not have to do any of these, including the breath test. However, if you refuse, the police will confiscate your license. This is due to the implied consent law you agreed to when you got your license.

What does implied consent mean?

When you got your driver’s license, you agreed to cooperate with the police during a DUI investigation. Part of this is agreeing to reasonable breath or blood tests. Under this law, if you refuse, you lose your license for up to one year, regardless of whether you face DUI charges.

A DUI stop may prove tricky for a few reasons. If you face charges, getting a professional’s advice may go a long way.