Can you refuse a breathalyzer test in California?

Automatic License Suspension: Refusing a breathalyzer test triggers an automatic administrative suspension of your driver's license, regardless of whether you're ultimately convicted of a DUI. The suspension period typically lasts longer than for a first-time DUI offense.

US Legal Forms
Spec Forms
Illinois
Affidavit in Support of Motion to dismiss for Failure to follow...

Illinois Affidavit in Support of Motion to dismiss for Failure to follow Breathalyzer Protocols - DUI

Q: What sobriety test are you obligated by Illinois law to take if asked?

You are not required to answer the officer&#039;s questions or perform field sobriety tests, but you are required to get out of the car. If an officer believes that you have been drinking, you will likely be asked to take a breathalyzer. Illinois follows the law of implied consent.

Category:

Civil Procedure - Dismissals

State:

Multi-State

Control #:

US-02161BG

Format:

Instant download

Description

The purpose of the breathalyzer test is to measure a person's blood alcohol content (BAC). The Breathalyzer, which is the most commonly used BAC tester today, was invented in 1954. It detects and measures the level of alcohol on a person's breath with the use of a chemical reaction. A Breathalyzer test kit contains several vials of chemicals of differing colors that change color when they come into contact with alcohol. The color changes indicate the amount of alcohol.

Breathalyzer test results can be challenged in court; it is possible for a law enforcement officer to administer the test incorrectly. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

Virginia 9.32 Controlled Substance-Unlawful Importation

View this form

Washington 9.32 Controlled Substance-Unlawful Importation

View this form

West Virginia 9.32 Controlled Substance-Unlawful Importation

View this form

Wisconsin 9.32 Controlled Substance-Unlawful Importation

View this form

Wyoming 9.32 Controlled Substance-Unlawful Importation

View this form

Sample Letter for Request Patience during ...

View this form

How to fill out Affidavit In Support Of Motion To Dismiss For Failure To Follow Breathalyzer Protocols - DUI?

You are able to invest hours on-line attempting to find the lawful record web template that suits the state and federal requirements you need. US Legal Forms gives thousands of lawful forms which can be analyzed by pros. It is possible to obtain or print out the Illinois Affidavit in Support of Motion to dismiss for Failure to follow Breathalyzer Protocols - DUI from the services.

If you currently have a US Legal Forms profile, it is possible to log in and then click the Obtain option. After that, it is possible to total, revise, print out, or indicator the Illinois Affidavit in Support of Motion to dismiss for Failure to follow Breathalyzer Protocols - DUI. Each lawful record web template you buy is the one you have forever. To acquire yet another version of the obtained develop, visit the My Forms tab and then click the related option.

Should you use the US Legal Forms web site the very first time, follow the basic directions under:

Very first, make certain you have chosen the correct record web template to the county/metropolis of your choosing. Browse the develop explanation to ensure you have selected the correct develop. If offered, take advantage of the Preview option to search with the record web template at the same time.
If you wish to locate yet another edition from the develop, take advantage of the Lookup area to find the web template that fits your needs and requirements.
Upon having discovered the web template you would like, click Acquire now to carry on.
Pick the costs plan you would like, type in your qualifications, and register for an account on US Legal Forms.
Total the financial transaction. You may use your bank card or PayPal profile to purchase the lawful develop.
Pick the file format from the record and obtain it in your system.
Make changes in your record if possible. You are able to total, revise and indicator and print out Illinois Affidavit in Support of Motion to dismiss for Failure to follow Breathalyzer Protocols - DUI.

Obtain and print out thousands of record layouts making use of the US Legal Forms site, that provides the most important selection of lawful forms. Use specialist and status-distinct layouts to take on your small business or individual needs.

Form popularity

FAQ

Under Illinois law, if you decline a breath test, you are subject to a one-year driver's license suspension ? if you are a first-time DUI offender. If you take the test, and if the result shows that you are over the legal limit, you will be subject to a six-month license suspension.

You are not required to answer the officer's questions or perform field sobriety tests, but you are required to get out of the car. If an officer believes that you have been drinking, you will likely be asked to take a breathalyzer. Illinois follows the law of implied consent.

If you operate a motor vehicle in Illinois roadways, you agree to take a breathalyzer test when requested. You don't have the right to speak to an attorney before breathalyzer testing, but you can refuse to take the test. If you refuse to take a breathalyzer, your driver's license will be suspended.

Blood-Alcohol Concentration (BAC) It is illegal to drive if your BAC is . 08 percent or more. However, you can be convicted of Driving Under the Influence (DUI) if your BAC is less than . 08 percent and your driving ability is impaired.

Under Illinois law, your operation of a motor vehicle on the roads of the state automatically grants your consent to a BAC test upon your arrest on suspicion of DUI. If you are arrested and you refuse the test, your driving privileges will be automatically suspended.

Automatic License Suspension: Refusing a breathalyzer test triggers an automatic administrative suspension of your driver's license, regardless of whether you're ultimately convicted of a DUI. The suspension period typically lasts longer than for a first-time DUI offense.