Breath, Blood, and Urine Tests
In Illinois, at some point after an individual is arrested for DUI, an officer should read to them what is called the “Warning to Motorist.” The “Warning to Motorist” is a warning to the driver that if he/she refuses to take a “chemical test” (breath, blood, and/or urine, as chosen by the officer), the driver’s license/driving privileges will be automatically suspended for a minimum of 12 months. It also warns that if the driver takes the test but fails, the driver’s license/privileges will be suspended for at least 6 months. You will not be able to consult with an attorney before making a decision about whether or not to take the test.
As experienced DUI lawyers we know that there are ways to attack this suspension even though it is automatic. In fact, one of the most important reasons to contact a DUI attorney as soon as you are released from custody on a DUI is because this automatic suspension starts, in most cases, 46 days after you fail or refuse a post-arrest breath, blood, or urine test. Once we are hired, we file a pleading seeking to rescind the statutory summary suspension. There are a number of reasons why your summary suspension may be invalidated, and it is important to get on file as soon as possible in order that you get the benefit of having a hearing on the summary suspension scheduled before the suspension goes into effect.