If you asked our advice or most any other attorney, you would get told that you should never take a breathalyzer test if you are pulled over on the suspicion of driving under the influence of alcohol. Like any other criminal case, you don’t have to prove your innocence, the State has to prove you are guilty. Agreeing to a breath test can help convict you.
Police officers will try to scare you in to a breath test by telling you that if you don’t take one then your license will automatically get suspended. This is true, but that doesn’t mean you will ever go a day without driving.
Typically you will get a notice from the Illinois Secretary of State letting you know that at some point in the next 30 days or so your license will be suspended. At that time you can file a motion called a petition to rescind a summary suspension. It’s lawyer talk for going to court and asking the Judge to find that your license shouldn’t be suspended at all.
Once you file this motion the prosecuting attorney must get you a hearing within 30 days. If they don’t then you automatically get your license back with full privileges. So if the arresting officer can’t make the court date you win.
Even if a hearing takes place, without a breath test it’s hard to prove that you were driving drunk and most first offenders either have the charges completely dismissed or reduced to a charge like reckless driving. While this hurts your insurance, it keeps you out of jail, has a smaller fine and lets you keep your driver’s license.
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Tags: DUI Illinois "statutory summary suspension" "license reinstatement"
I lost my brother to a drunk driver. These people should never be allowed to drive again.