Illinois Implied Consent: Before and After Your DUI Arrest

When it comes to a DUI arrest, there are steps that are legally taken both before and after the incident. Illinois implied consent laws define what actions law enforcement officers can take during a traffic stop, and you agreed to follow those directions when you first applied for your driver’s license. In all 50 states, implied consent laws give law enforcement officers quick methods to get drunk drivers off the roads. Illinois is no different and has two different ways of getting those implied consent laws to work their safety magic.

Illinois implied consent laws say:

• Before you are arrested, and during the traffic stop, you agree to take a preliminary breath test to measure your blood alcohol concentration (BAC). If your BAC measures at or above the legal limit (.08 percent) then you will be immediately arrested for a DUI.
• If you refuse the test, you could still be arrested based upon probable cause (refusing a BAC test could indicate you are intoxicated). In that case, you will still be required to submit a BAC sample as soon as you are in police custody.
• You will face additional penalties for any DUI charge when you refuse the initial BAC test, under Illinois implied consent laws.
• Your license will be revoked for at least one year, depending on the number of implied consent violations you have, on the 47^th day after your BAC test refusal.

To reinstate your license after a DUI conviction or administrative revocation, you will have to complete several steps to prove your commitment to sober driving. You will be required to complete an alcohol evaluation that will determine the risk you pose to others on the road. You will need to pay any fines and participate in community service requirements. In some cases, you may be eligible for a monitoring device driving permit (MDDP) which will allow you to drive, as long as you have an ignition interlock device installed on your vehicle.