Sobriety Test Class: McHenry County, IL – DUI Stops 101 (3 credit hours)
I have had about eight people in a row come into my office for their McHenry County DUI arrests who took the breathalyzer. All of them did the field sobriety tests. While some of the cases are still defensible because of failure of local law enforcement to properly calibrate their machines or because the breathalyzer operator was not licensed, I think we need to talk.
When arrested for DUI there is no penalty for refusing to take the field sobriety tests in Illinois. None. Nada. Zip. So when a police officer asks you to take the field sobriety tests, you simply have to ask, “Do I have to?” His or her answer will be no, and then you can say you would rather not.
Breathalyzers are a little different. If you refuse the breathalyzer and have not had a DUI or DUI suspension within five years you will be suspended for 6 months. Of course five of these months you will be able to drive with a BAIID device in your car. If you refuse you will be suspended for 12 months, and once again you will be able to drive for the last eleven months with a BAIID device in your car. The first month of suspension you may not drive. The suspension begins 46 days after the day that you were arrested.
Of course if you have had a DUI or DUI suspension within the last five years your license will be suspended for a year (no BAIID available) if you fail, and it will be suspended for 3 years if you refuse (no BAIID available during suspension).
So now that you know what the penalties are it should be obvious to you that if you are arrested for DUI, you should not:
1. Take the field sobriety tests.
2. Take the breathalyzer, or
3 Make any statements.
Class dismissed.
Law Dude, Ray Flavin, Trial Attorney in McHenry County Illinois. His law offices are located across the street from the McHenry County IL Courthouse in Woodstock, IL. Visit Ray’s other website @ www.rayflavin.com.
Mobile: 815-334-9004
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