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Refusing a BAC test could cost you your license

If you appear to be intoxicated while driving in Illinois, there is a good chance that you will be stopped by authorities and asked to submit to testing. The tests you could be asked to perform can include a range of field sobriety tests along with breath tests or even blood tests to determine your blood alcohol concentration. If your BAC is found to be 0.08 percent or above, this could result in you being charged with a drunk driving offense.

Of course, you can refuse to submit to these tests, which might be beneficial if you are worried that the results could incriminate you. However, refusal has consequences of its own. By owning a drivers' license, you are bound by something known as implied consent. This means that you have technically agreed to submit to testing if required. Refusing to do so puts you in breach of this and can result in the suspension of your license.

However, the penalties for being found to have an excessive BAC could be worse, particularly if you have previous convictions, so sometimes it is worth accepting the suspension. As is explained on the DMV website, this is reinforced by the fact that, under Illinois law, failing a chemical test can result in a license suspension of at least six months.

Every case is unique, so your decision as to whether or not to submit to testing will depend heavily on your individual circumstances. Whatever you decide, you could benefit from the support of an attorney as you prepare to face any charges against you. He or she may be able to advise you on means of getting your license reinstated or avoiding a DUI conviction.

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The Naperville, Illinois, law firm of Jim Ryan & Associates is available to serve people throughout the Chicago metropolitan area with a focus in DuPage County, the western suburbs and Naperville, in communities such Downers Grove, Wheaton, Carol Stream, Bloomingdale, Addison, Itasca, Warrenville, Woodridge, Oswego, Yorkville, Roselle, Aurora and Elmhurst. We also represent students and parents of students who attend any of the area schools and universities, including Naperville North High School, Naperville Central High School, Neuqua Valley High School, Waubonsie Valley and North Central College.

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