DUI STOP – Should you agree to testing?

*This article assumes that you have not previously been arrested for DUI.

If you are subject to a police stop for suspicion of Driving Under the Influence (DUI), should you agree to participate in field sobriety and/or breath and blood testing?

The police officer is going to ask you to take a field sobriety test, and, potentially, a Breathalyzer test or blood test. These tests are administered to determine if you are driving under the influence. The police officer may record your performance in the field sobriety test from a video recorder located in the cruiser. The results of these tests, including any videotaped recording, are admissible in court against you.

In Illinois, a refusal to undergo testing will result in a 12-month summary suspension of your license. If you take the tests and demonstrate a blood alcohol level at .08 or above, then you will receive a 6-month summary suspension of your license.

In either event, we can challenge the summary suspension of your license in court. Moreover, you have the right to have a breathalyzer installed in your ignition on the 31 day of your suspension. Once installed, you can drive your vehicle for the balance of the suspension period.

Consequently, the differing automatic suspension periods are an attempt to persuade you to incriminate yourself by agreeing to the tests. Six less months of a summary suspension is not worth the possibility of a DUI conviction based on the evidence the officer gathered by your participation in these tests.

Viewed in this light, the choice to participate in testing is clear. If you have had anything to drink, you should decline all testing. You should not agree to exit the vehicle unless you are under arrest, or it involves the officer’s safety. If you are placed under arrest, you should exercise both your right to remain silent, and your right to counsel. To do so, specifically inform the officer that you refuse to answer any questions, and that you want an attorney.