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When a police officer asks someone to take a Breathalyzer test, he is doing just that ˘ asking. Although there is implied consent associated with the acquisition of an Illinois driver's license, sometimes it is better not to take the Breathalyzer.
According to lawyer Tim Capps, it all depends on the situation.
"Every case is different, and it's impossible to give good blanket advice on whether you blow or not," Capps said.
On one hand, not blowing denies the prosecution evidence. But at the same time, it is likely to jack up whatever penalties one is likely to receive for a DUI.
For a first offense, not blowing will increase the period your license is suspended by three months, your alcohol evaluation will be harsher and there is little chance of a plea bargain. An individual is also not likely to receive a Judicial Driving permit to drive to work, school and the doctor.
And as the offenses increase, so does the penalty for not blowing.
For multiple offenses, not blowing can increase a license suspension by years, but if another DUI is likely to result in jail time, it may be smarter not to blow.
"Second, third time, think twice about blowing," Capps said.
Go to part I: 