People stopped for suspicion of DUI may attempt to avoid criminal charges or convictions by refusing to submit to blood tests. In many states, including Illinois, however, people can be convicted of DUI crimes despite the lack of evidence regarding their blood alcohol levels, and they may face civil penalties for refusing to submit to chemical testing as well. This was demonstrated recently when a Tennessee man was found guilty of his second DUI crime despite his refusal to submit to a blood test. If you were arrested and charged with a DUI offense, it is smart to confer with an Illinois DUI defense attorney regarding your options for seeking a just outcome.
The Defendant’s Arrest and Conviction
It is alleged that the defendant was convicted of a second DUI offense and other charges, despite his refusal to submit to a blood test. Apparently, when a police officer responded to a report of a crash, he found the defendant, who had sideswiped another car. The defendant smelled of alcohol and had bloodshot eyes. He submitted to and failed the field sobriety tests but refused to submit to a blood draw. He was nonetheless charged with and convicted of a DUI offense, which was his second DUI conviction. The district attorney issued a statement following the defendant’s conviction, cautioning people that they cannot avoid convictions by refusing to submit to chemical tests.
Evidence Needed to Obtain a DUI Conviction in Illinois
Under Illinois law, all motorists are presumed to consent to submit to breath tests to determine their blood alcohol level. Drivers cannot be compelled to submit to blood tests, however, absent a warrant. If they are forced to provide a blood sample absent a warrant, it is likely that the results of the test will be inadmissible.
Notably, though, Illinois law does not require the state to establish a DUI defendant’s blood alcohol level in order to obtain a conviction. In other words, under the Illinois DUI statute, people can be found guilty of DUI offenses for driving, operating, or controlling a vehicle while they are under the influence of alcohol. In such instances, the prosecution will typically rely on the observations of the arresting officer and the results of field sobriety testing to establish the defendant’s guilt. The DUI statute also provides for per se DUI crimes; specifically, people who drive or operate vehicles with a blood alcohol level of 0.08% or higher may be found guilty of DUI offenses.
Confer with an Experienced Illinois DUI Defense Attorney
A conviction for a DUI offense can impair your reputation, rights, and career prospects, but simply because you are charged with a DUI offense does not mean you will be convicted. If you are accused of a DUI crime, you should talk to an Illinois DUI defense lawyer about your possible defenses. Attorney Theodore J. Harvatin of the Harvatin Law Offices, PC, is an experienced DUI defense attorney who can inform you of your rights and help you seek the best outcome available under the facts of your case. You can reach Mr. Harvatin via the form online or at 217.525.0520 to set up a meeting.