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Can I Rescind My Refusal To Take A Breath Test?


In most places, there is a 20 minute observation period where the officer has to make sure you haven’t thrown up or regurgitated anything before you take a breath test. There has to be a 20 minute period between when he wants you to take the test and when you take it. If you don’t take it within that 20 minute period and you are demanding that they let you talk to your attorney, you don’t get that opportunity. They are going to say you timed out and therefore, you refused.

If I Missed The Date For My Admin Hearing After A DUI Arrest, Is There Anything I Can Do?

In Illinois, a suspension is going to kick in 46 days after the date of your arrest regardless of whether they fie it or not. Filing a motion to have a hearing on that does not stay the clock. If you want to do something before the suspension kicks in, you have to do it pretty quickly. If you are given a court date after the 45 days point, then it’s your attorney’s obligation to motion the case sooner, so you can file to ask for the hearing. In Illinois, the judge has to give you a hearing within 30 days when you file the petition, which is called a petition to rescind your statutory summary suspension. If you don’t file it, 46 days go by and your suspension is in effect. It doesn’t mean you can’t get the suspension rescinded later, after the hearing. By then, some of the damage might be done because that suspension is something that insurance companies are going to see. That is usually the part that hurts you the most because that summary suspension is going to kick up your insurance rate and you are going to be high risk, probably for the rest of your life. You are going to pay thousands of extra dollars every year because of that.

Will My Driver’s License be Automatically Reinstated After A Suspension?

If you are suspended on a DUI for your typical statutory summary suspension, you need to pay a $250 reinstatement fee and for your second one, you have to pay $500. As long as you have paid your reinstatement fee and your payment has cleared, it will get reinstated. If you drive before your payment has cleared and your license is still suspended, it’s a mandatory jail situation. They will wind up revoking your license. If you get a revocation, they will give you an eligibility date. When you are eligible to apply to get your license back, you have to go through a full formal administrative hearing, which is a nightmare.

They will not just give you your full license back. Usually, after a full hearing, you have to go through a graduated process where you eventually get your license back. First, they would give you a permit to drive with either a breath device or specific hours.

What Happens If I Get A Traffic Ticket While Driving On A Restricted License?

If the governing body that gave you the original DUI ticket sees you’ve gotten another ticket, they will say that you violated your supervision. They can file a petition to revoke your supervision and if the judge feels that violation is egregious, then the judge could revoke your supervision, give you convictions, and give you all the same penalties that you originally faced. In Illinois, a DUI is a Class A misdemeanor with up to one year in jail and up to a $2,500 fine. At that point, it’s discretionary with the Secretary of State whether they are going to suspend your privileges further. If you get any ticket with a driving while license suspended charge, you are just going to add on to the suspension, if you get convicted of that ticket.

For more information on Rescinding A Breath Test Refusal In Illinois, a free initial consultation is your best next step. Get the information and legal answers you’re seeking by calling (847) 244-4636 today.

Barry Boches, Esq.

Get your questions answered - call me for your free phone consultation (847) 244-4636.

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