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Illinois State Law
Non Criminal Cases

Illinois Law Related to Breath Test and Drunk Driving

It is your choice whether you perform any breath tests. There are two types of breath tests: a small hand-held field test which is performed where the officer stopped you and a more accurate breath test machine performed at the police station. Officers have been known to make it sound like you must participate in this test. If you take the test and there is no alcohol in your system you will not be suspended. If you take the test and have ANY alcohol in your system (not necessarily over the legal limit of .08) you may be arrested and your driving privilege will be suspended. If you do not take the breath test the suspension of your license will be longer, but you stand a better chance of winning your DUI case and fighting your suspension. Clients can fight their suspension in a separate hearing called a Petition to Rescind a Statutory Summary Suspension. In any event, if this is your first DUI you can still apply for a BAIID (Breath Alcohol Ignition Interlock Device) to be installed on your car and the Court will then give you a permit to drive during your suspension.

Again, these suggestions are no guarantee that you will win your case, but they should improve your chances.


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