DGAA bLAWg

Can Breathalyzer Test Results Be Wrong?

Web Admin - Thursday, February 11, 2016

breathalyzer test results, Illinois Criminal Defense Attorney Many people who are facing DUI charges wonder if there was something wrong with the breathalyzer device they used when they were pulled over and arrested. How likely is it that breathalyzers give false positive readings? 

While breathalyzer testing is more accurate than other subjective field sobriety tests, breathalyzer tests can still be incorrect or inaccurate. If you believe that the breathalyzer test results that you gave prior to your DUI arrest are inaccurate, it is imperative to secure legal representation immediately.

Breathalyzer Testing

When you are pulled over in Illinois, and the police officer has a reasonable suspicion that you are intoxicated behind the wheel, the officer can administer a breathalyzer test. A breathalyzer test is a chemical test that assesses how much alcohol vapor is on the breath of the individual taking the test. This data generally correlates to an individual’s blood alcohol concentration level. 

Under Illinois’ Zero Tolerance law, 625 ILCS 5/11-501.8, any underaged driver who has a blood alcohol concentration reading of 0.01 or higher will lose his or her license and be arrested. Under Illinois DUI laws for individuals over the age of 21, 625 ILCS 5/11-501, drivers with a BAC of 0.08 are presumed to be driving while under the influence of alcohol.  

Illinois is an implied consent state, meaning that by using the roads in Illinois a driver automatically consents to be subjected to chemical testing when suspected of driving under the influence of alcohol. Individuals do have a right to refuse a breathalyzer test, but there are steep consequences for refusal. For instance, when a person refuses to take a breathalyzer test, his or her driver’s license is automatically suspended in accordance with 625 ILCS 5/6-203.1. 

Why Can Breathalyzer Test Results Be Incorrect?

There are a number of reasons why breathalyzer test results can be inaccurate. If one of the following scenarios applies to you and your breathalyzer test, you should consult with your DUI criminal defense lawyer to see if you can build a viable defense based on your situation. Breathalyzer test results could be inaccurate because:

- The breathalyzer device may be malfunctioning;

- Law enforcement improperly administered the test;

- Law enforcement failed to calibrate the breathalyzer device before it was used;

- You may have a health condition that makes you give a false reading on a breathalyzer test; or

- You consumed or used alcohol, but not of the type that could make you drunk or unable to operate a vehicle. Examples might include:

- Consuming cough medicines that contain high levels of alcohol;

- Wearing certain lip plumpers on your lips;

- Using certain vaping products (i.e., electronic cigarettes or e-cigs), which contain alcohol and can be so concentrated on the breath of a user that the user can produce a measurable reading on a breathalyzer; and

- Using certain mouthwash or breath sprays, which can artificially raise a person’s breath alcohol content. 

If you are facing DUI charges or you have reason to believe that the chemical testing administered to you prior to your or DUI arrest is inaccurate, please speak with an experienced Illinois criminal defense attorney today. Our firm serves the communities of the northwest suburbs, including Inverness, Arlington Heights, Long Grove, Barrington, South Barrington, Riverwoods, and Mount Prospect. 


Sources: 

http://www.ilga.gov/legislation/ilcs/documents/062500050K11-501.8.htm

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K11-501

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=1815&ChapterID=49&SeqStart=81900000&SeqEnd=84800000

What Happens if You Fail a Field Sobriety Test, and What Happens if You Refuse

Web Admin - Tuesday, October 07, 2014

Illinois breathalyzer fail, Barrington DUI lawyerThe State of Illinois considers drunk driving to be a serious crime, and imposes high penalties for people found guilty of it. Often, drunk drivers are caught during a traffic stop after taking a breathalyzer test or failing a field sobriety test. Field sobriety tests are a battery of heuristic, qualitative examinations, like requiring the driver to stand on one foot for a certain period of time or to walk heel to toe.

However, drivers are not required to take these field sobriety tests because they qualify as a search under the Fourth Amendment. Additionally, these sorts of tests are not covered by Illinois' implied consent law. The implied consent law states that operating a motor vehicle is a privilege, not a right, and that by driving, a person consents to have his or her breath, blood, or urine tested for alcohol. This means that, while there are penalties for refusing one of those tests, those penalties do not apply to field sobriety tests. There is one exception to this rule, however. If a person has been issued a registry card for the state's new medical marijuana program, then the implied consent law does extend to field sobriety tests.

Penalties for Failure

Courts often view failing a field sobriety test as evidence that a person was driving under the influence. This evidence can often be strengthened by the police taking a chemical test. If either test proves to the court's satisfaction that the driver's blood alcohol content (BAC) exceeded 0.08 percent, then that person triggers the DUI penalties in Illinois. A first offense comes with a maximum fine of $2,500 along with a potential jail sentence of up to one year. Additionally, a first offender's license may be suspended for a minimum of six months.

These penalties increase for repeat offenders, with the license suspension going up to a five-year minimum for a second offense. A third DUI triggers a 10-year suspension and a prison sentence of between three and seven years. Additionally, every DUI offense comes with the penalty of having an ignition interlock device installed in the offender's car, which functions as a breathalyzer test to turn the car on.

Penalties for Refusal

Refusing to take the field sobriety tests does not trigger any penalties, unless the driver has been issued a medical marijuana registry card. However, there are penalties for refusing to take a chemical test. These penalties start at a one-year summary suspension of a person's driver's license. Additionally, if a person has previously had a suspension or a DUI conviction in the past year, then the penalty increases up to a three-year suspension.

DUI charges are a serious sanction in Illinois that can have long-lasting consequences. If you have recently been charged, seek help from an experienced Illinois criminal defense attorney. Our firm defends the rights of clients across the northwest suburbs, including in Barrington, Rolling Meadows, and Des Plaines.

About the Author: Founding partner of Drost, Gilbert, Andrew & Apicella, LLC, Colin Gilbert, received his J.D. from Chicago-Kent College of law in 2005. Colin argues cases across many practice areas including criminal defense, collections, civil litigation, real estate law, and corporate law. Colin is an active member of the Board of Governors of the Northwest Suburban Bar Association and the Illinois Creditors Bar Association. He is currently Vice President of the Arlington Heights Chamber of Commerce, and is a Commissioner for the Village of Arlington Heights. Colin has a 10.0 Attorney rating on Avvo, and was named one of the 2014 “Top 40 Under 40” Trial Lawyers in Illinois by the National Trial Lawyers Association.


Recent Posts


Tags

Forcible Entry back injuries Illinois injury lawyer estate planning, death tax, succession plans, business estate plans, Barrington estate planning lawyers workers compensation distracted driving accident victims Crystal Lake personal injury attorney coronavirus operating agreements Illinois wills and trusts attorneys Crystal Lake civil litigation lawyer Rolling Meadows insurance dispute lawyers, insurance dispute guardianship attorney DUI defense real estate hiring employees employment law, meal breaks, rest breaks, hotel employees, Des Plaines employment law attorneys installment contracts Illinois attorney involuntary manslaughter ObamaCare Crystal Lake traffic lawyer insurance claims real estate attorneys Barrington medical malpractice lawyers Illinois traffic attorney car accident lawyer Arlington Heights Traffic Lawyer estate attorney controlled substance civil litigation attorney Illinois real estate medical malpractice compensation Schaumburg employment attorney real estate attorney estate planning attorney Class A misdemeanor Schaumburg construction accident lawyer Illinois collections attorney Do Not Resuscitate Schaumburg estate planning attorney traumatic brain injury underfunded trust Illinois workplace lawyer Illinois traffic ticket lawyer elder law financial advisors insurance dispute Rolling Meadows tax attorney landlord Inverness estate planning lawyer texting while driving Schaumburg personal injury attorney Crystal Lake medical malpractice attorneys Illinois workers compensation lawyer digital media accounts, estate planning, Arlington Heights estate planning attorney, Palatine punch death Illinois insurance claim attorney Self-Directed IRA Accounts Deer Park workers compensation lawyer FMLA insurance claim denial Fair Labor Standards Act Palatine drug lawyer probate claims process fiduciary rule Chicago estate planning lawyer contracts insurance claim dispute attorney Inverness elder law lawyer Barrington employment attorney deed transfer Illinois speeding lawyer personal injury claims disability benefits Illinois Smoke Detector Act PTSD Illinois estate planning medication errors workplace sexual harassment Barrington boating accident attorney IRA trust transfer preventing accidents Illinois Wage Payment and Collection Act real estate leasing Fourth of July Schaumburg personal injury lawyer appealing an insurance claim Mount Prospect wills and trusts lawyers investment property loopholes speeding Palatine criminal defense lawyer Retaliatory Discharge Illinois business law atorneys foreclosed rental property cell phone tower data healthcare claims Rolling Meadows car accident lawyers subcontractor Inverness real estate attorney Illinois corporate lawyer Long Grove real estate lawyer estate planning, digital assets, Revised Uniform Fiduciary Access to Digital Assets Act, Illinois digital assets, Illinois estate planning, Schaumburg real estate lawyer overtime violations Des Plaines criminal attorney employment attorney health insurance dispute Kenilworth estate planning lawyer rest breaks pay when paid contract Crystal Lake estate planning lawyer estate planning for college students corporate law Palatine corporate law attorneys bike accident Chicago traffic lawyer Palatine estate planning lawyer Chicago insurance law firm commercial real estate Barrington employment law attorney Mt Prospect Attorney homestead rights material misrepresentation Whistleblower Claims Illinois medical malpractice case Illinois car accident attorney new real estate form expungement employment law license revocation wills and trusts Arlington Heights criminal lawyer trauma after an accident bad faith insurance claims Schaumburg traffic lawyer life insurance digital assets, digital fiduciary, estate planning, digital content, Long Grove estate planning lawyers low-ball insurance settlement trust payments caretaker rights Arlington Heights traffic attorney Crystal Lake traffic attorney Illinois lawyer Inverness corporate attorney Illinois personal injury Palatine employment attorney child safety ACA digital assets Rolling Meadows boating crash lawyer Policy Cancellation loss of consortium Illinois business lawyer Rolling Meadows employment attorney overtime pay Barrington criminal lawyer commercial leases Barrington real estate lawyer golf accidents defective products Rolling Meadows personal injury attorney Buffalo Grove car accident lawyer underinsured motorist Arlington Heights lawyer car crash preventable medical errors Arlington Heights Attorney spinal cord injury trucking accidents medical marijuana Long Grove estate planning traumatic brain injuries Palatine employment lawyer Illinois insurance claims lawyers Illinois real estate lawyer Arlington Heights car crash attorneys paid sick leave DUI attorney anesthesia errors Illinois driving without license Chicago corporate attorney Palatine elder law attorney Arlington Heights employment law attorneys life insurance claims Crystal Lake criminal defense attorney Des Plaines Traffic Lawyer Illinois bicycle safety IRS Illinois Sales Representative Act caregiver traffic laws Rolling Meadows insurance dispute lawyers Barrington criminal defense lawyer Buffalo Grove life insurance attorney product liability federal regulations for LLCs Landlord Tenant Ordinance Rolling Meadows personal injury lawyers probate lawyer Thanksgiving Illinois estate planning attorney residential real estate civil litigation Palatine civil attorney Crystal Lake pet attorney Palatine traffic accidents trucking accident lawyers compensatory time personal injury claim employment contract, employment law, employment at-will, Deer Park employment law attorneys, contract, Crystal Lake personal injury lawyer estate planning trusts ken apicella pain and suffering how to avoid common denials of life insurance claims South Barrington real estate lawyer car accidents Attorney Ken Apicella Schaumburg Attorney Arlington Heights medical malpractice lawyer wrongful termination Deer Park DUI lawyer car crashes insurance claim dispute Palatine corporate attorney Des Plaines tax law firm real estate closing personal injury attorney Rolling Meadows accident lawyer Kenilworth estate planning attorneys Schaumburg probate attorney Des Plaines pet law attorney Home Remodeling Repair Act Inverness traffic law firm traffic offenses Palatine personal injury lawyer Illinois employee rights attorney. Schaumburg drug defense lawyer Arlington Heights trucking lawyer employment lawyer traffic violations defense Rolling Meadows litigation lawyer privacy laws bicycle accidents POA Illinois job attorney Buffalo Grove personal injury lawyer products liability life insurance policy commercial leasing top life insurance claim denials car accident lawyers Illinois workers compensation attorney Barrington personal injury lawyer automated cars sexual harassment BAIID Barrington estate planning lawyer Schaumburg elder law lawyer condo association Illinois traffic attorneys meal breaks Federal Food Drug and Cosmetic Act license suspension real estate contract Schaumburg estate planning lawyer insurance negligence estate tax liability claims Riverwoods estate planning lawyer Arlington Heights insurance attorney Rolling Meadows criminal lawyer rumble strips medical research irrevocable trust sexual images medical malpractice suspended license Chicago attorney Des Plaines Illinois insurance claim dispute lawyers construction accidents, personal injury, wrongful death, Arlington Heights personal injury attorneys, workers' compensation Liquor Control Act Rolling Meadows DUI lawyer traffic deaths living trust benefits Illinois law Buffalo Grove criminal defense lawyer drug possession truck collisions South Barrington real estate attorney drunk driving School Visitation Rights Act insurance denial appeals employee discrimination natural gas explosion Chicago will attorney, social media platforms, Illinois estate planning lawyer, wills car collision Deer Park real estate law firm Illinois Human Rights Act Palatine trusts lawyer digital evidence power of attorney for healthcare in terrorem provision right to work pedestrian-automobile accident slip and fall construction contracts Illinois Workers’ Compensation Commission forming a corporation in Illinois landlord tenant law Food and Drug Administration's Food Safety Modernization Act trench injuries Rolling Meadows life insurance claim denial attorney Deer Park traffic lawyer Illinois pet lawyer Arlington Heights employment attorney Chicago employment lawyer probate fees llinois Real Estate Lawyers Association Barrington employment law firm personal injury Illinois small business Crystal Lake medical malpractice law firm pet law Illinois insurance disputes comp time Detainer Actions Illinois rollover accident lawyers mass shooting Arlington Heights accident attorney independent contractor Illinois trusts attorney Rolling Meadows Attorney Rolling Meadows Traffic Lawyer Illinois employment lawyer Illinois insurance attorney Illinois workplace discrimination attorney Illinois estate planning law firm Crystal Lake insurance lawyer tax attorney TBI Chicago employment attorney Long Grove real estate attorney denial of insurance claim Palatine civil litigation lawyer Transfer on Death Instrument murder charges Inverness DUI lawyer slip and fall accidents Arlington Heights personal injury lawyer Illinois personal injury lawyer personal injury, auto accident injuries, delayed injuries, serious injuries, Des Plaines personal injury attorneys Illinois medical malpractice lawyers rollover car crashes Des Plaines personal injury lawyer Illinois wills and trusts owner responsibility Illinois will lawyer cell phone clemency Family Medical Leave Act personal injury law firm Schaumburg life insurance attorney Barrington attorney criminal Colin Gilbert Illinois insurance claim dispute lawyer Rolling Meadows corporate lawyer Deer Park employment law attorney Arlington Heights wills and trusts lawyers Rolling Meadows employment law attorney most common reasons for life insurance claim denials Barrington drug crime attorney FSLA Affordable Care Act employment law, Illinois employment laws natural gas insurance claim denials Crystal Lake injury attorney job lawyers vacation home fines Illinois defective products attorney estate plan Barrington civil litigation attorney Barrington injury attorney Rolling Meadows employment law attorneys Buffalo Grove real estate attorney Deer Park accident attorney Deer Park traffic accident attorney Schaumburg criminal attorney Chicago biking tips dynasty trusts minimum wage DNR liens power of attorney insurance adjusters distracted driving accidents Illinois personal injury attorney Barrington life insurance lawyer beneficiary complications Arlington Heights wills and trusts attorney Legal Info car accident liability Arlington Heights wills and trusts attorneys cell phone accidents insurance agent negligence Crystal Lake accident attorney gift taxes murder special needs trust Long Grove estate planning attorneys blended families Rolling Meadows insurance lawyer income distribution deducation Illinois red light cameras revenge porn Palatine insurance lawyer Chicago will attorney foreclosure surgical mistakes Buffalo Grove insurance claim dispute lawyers Illinois Trust Code workers comp personal injury accidents Crystal Lake bike accident lawyer Schaumburg personal injury lawyers Arlington Heights wills and trusts lawyer Inverness insurance attorney first degree murder Employment Discrimination Law pedestrian accidents Crystal Lake car accident attorney Illinois criminal defense attorney Des Plaines collections attorney Crystal Lake medical malpractice lawyer wage theft bicycle dooring accidents motorcycle accident lawyer Rolling Meadows marijuana attorney living trust Buffalo Grove medical malpractice lawyers cause-of-death exclusions driving food poisoning Des Plaines medical malpractice attorney dram shop law insurance claim delay holiday statistics Rolling Meadows drug defense attorney fiduciary rule delay pet bites premises liability Arlington Heights personal injury attorney insurance disputes auto accidents Inverness real estate lawyer CAM Barrington business law firm life insurance claim denial, denial of life insurance claim Des Plaines motorcycle accident attorney insurance dispute attorney real estate zoning Illinois construction accident attorney Buffalo Grove injury lawyer Illinois probate lawyer Rolling Meadows traffic attorney GM ignition switches Palatine construction attorney Deer Park medical malpractice attorney breach of contract estate planning lawyer Kenilworth estate planning attorney drugs Illinois wrongful termination lawyer Schaumburg wrongful death attorney denied insurance claim Crystal Lake employment attorney Des Plaines personal injury lawyers Illinois mortgages Inverness accident lawyer Des Plaines DUI attorney workers compensation benefits condo mortgage crossover accidents boating DUI Des Plaines injury law firm Crystal Lake tax lawyer DGAA employees Palatine law firm Illinois personal injury lawyers Jay Andrew murder defense whistleblower protections Barrington personal injury attorney deadly crashes Buffalo Grove personal injury attorney Rolling Meadows probate lawyer Arlington Heights injury attorney Illinois employment law attorney Buffalo Grove probate lawyer traffic violations Des Plaines claims law firm Palatine life insurance lawyer trustee underage DUI Joliet general practice lawyers healthcare Crystal Lake employment law attorney modern family estate planning wrongful death accidental death benefits Des Plaines real estate lawyer rent to own real estate contracts blood alcohol content Buffalo Grove corporate attorney Inverness injury lawyer Deer Park personal injury lawyer Buffalo Grove traffic lawyers field sobriety test insurance attorney work unions Rolling Meadows estate planning attorney Mount Prospect elder law attorney Des Plaines insurance attorney gift tax exemption, estate planning, estate planning strategies, Illinois estate planning, South Barrington estate planning attorneys drug crimes small business Palatine business attorney medical malpractice, missed diagnosis, delayed diagnosis, medical mistake, Deer Creek medical malpractice lawyers Crystal Lake will lawyer Barrington workers compensation attorney LLCs Illinois home inspection Illinois employment attorneys Barrington estate planning attorney sole proprietorship swimming pools Crystal lake insurance dispute attorney Long Grove estate planning attorney institutional trustee Rolling Meadows insurance attorney insurance agents Illinois insurance lawyer hands free device Illinois registered agent Rolling Meadows medical malpractice lawyers license federal crimes traffic accidents insufficient documentation Palatine real estate lawyer Schaumburg insurance lawyers Buffalo Grove traffic attorney uninsured motorist Mount Prospect real estate lawyer Palatine traffic lawyer startup company Schaumburg employment law attorneys internet home inspection lawyer Chicago life insurance attorney motorcycle accident Schaumburg corporate attorney estate planning pizza emoji drug crimes lawyer jet ski unpaid assessment Crystal Lake employment lawyer Des Plaines real estate attorney probate Illinois LLC creation Chicago car accident lawyer traffic tickets privacy probate claims Inverness personal injury attorney living wills Rolling Meadows traffic law firm Illinois Transfer on Death Instrument pedestrian accident Super Mario capital gains tax rollover accidents Illinois medical malpractice attorney criminal record Long Grove wills and trusts attorneys Illinois employment law Rolling Meadows boating accidents Rolling Meadows personal injury lawyer Inverness civil lawyer denied insurance claims dog bites Buffalo Grove employment lawyer wrongful termination, employment law, whistleblower protections, Illinois employment laws, discrimination in the workplace DUI penalities civil rights violation personal injury lawyer Illinois civil litigation lawyer creditors unfunded trust unauthorized overtime Schaumburg car accident attorney BAC Illinois trucking safety Arlington Heights tax lawyer Schaumburg estate attorney taxes Illinois DUI attorney medical malpractice claims living trust vs will probate process Exclusions marijuana crimes attorney vacation home lapse in policy IRELA real estate lawyer comparative negligence Rolling Meadows real estate attorney IRA benefits defective products lawyer Colin H. Gilbert Arlington Heights real estate lawyer Deer Park criminal attorney Home Sale Contingencies Crystal Lake car accident lawyer consent to a search Illinois pedestrian accident attorney Illinois tax attorney breathalyzer test nursing home negligence Chicago trucking accident attorney Palatine Attorney Illinois employment law attorneys Palatine workers compensation lawyer Barrington litigation attorney Des Plaines accident attorney Illinois boating accident lawyer pedestrian injuries, pedestrian fatality Crystal Lake law firm Palatine probate lawyer Illinois motorcycle accident lawyer problem employees insurance dispute, insurance dispute lawyers, insurance claim denial, insurance claim delays, Rolling Meadows insurance dispute attorneys jet ski accidents manufacturing license reinstatement elder abuse fault based insurance digital information Des Plaines personal injury attorney insurance claim social media after death reckless homicide Illinois insurance dispute lawyers hit and run accident Illinois Inverness probate lawyer Arlington Heights estate planning attorney traffic crimes Rolling Meadows business lawyer agent Arlington Heights pedestrian accidents head on collisions Schaumburg medical malpractice lawyer icy parking lots eluding a police officer Schaumburg Des Plaines drug crimes lawyer no contest clauses Arlington Heights car accident lawyer marijuana car crash injuries Chicago insurance claim attorneys Barrington Illinois estate planning lawyer Illinois traffic accident lawyer Chicago estate planning BUI criminal defense insurance disputes, Illinois insurance disputes, Illinois insurance dispute attorneys, denied insurance claims, Arlington Heights insurance dispute attorneys changes to mortgage law Palatine injury attorney employment contract Deer Park motorcycle accident lawyer drug crime pregnant women Illinois Probate Act of 1975 severance agreements unpaid overtime Illinois elder law attorney insurance denials DMV filing a medical malpractice claim Buffalo Grove law firm employee rights DUI Illinois employment laws life insurance lawyer Barrington Traffic Lawyer fatal car accidents Rolling Meadows criminal attorney business litigation Schaumburg criminal law attorney employee misclassification Illinois employment law firm Des Plaines civil attorney Illinois medical malpractice claim drunk driving statistics brain injury denial of life insurance senior citizens attorney fees Crystal Lake business law attorneys texting and driving Illinois traffic laws Crystal Lake pedestrian accident lawyer Chicago lawyer trusts Illinois jet ski accident lawyer criminal law Illinois living will college kids dealing with problem employees Schaumburg injury lawyer spinal cord injuries advance healthcare directive Palatine employment law lawyer Arlington Heights TBI attorney construction accidents Des Plaines drug lawyer boating under the influence Schaumburg civil litigation attorney

Archive