Cook County DUI Lawyers

Breath & Blood Tests for DUI Cases in Cook County, IL

Breath Test

Following an officer's decision to arrest a person for DUI, he or she will attempt to obtain more evidence and determine whether or not the person was driving with a blood alcohol concentration (BAC) above .08 percent.  The most common way for police officers to determine a driver’s BAC is by means of a breath test. To conduct a breath test, the officer will instruct the driver to blow into a breathalyzer machine, which will estimate the amount of alcohol in the driver’s blood by analyzing a small breath sample. If the results of the breathalyzer test indicate that a driver’s BAC is .08 or more, he or she will face additional criminal DUI charges.

Blood Test

Instead of, or in addition to a breath test, the officer may request a blood test. To conduct a blood test, a trained technician will draw a sample of your blood.  If the results indicate that your BAC is above .08 you will be charged with DUI.  Although blood testing is more accurate than a breath test, a blood test can still be inaccurate due to a number of reasons, such as technician error, defective laboratory equipment, contaminated testing equipment, or the driver’s weight, metabolism, and rate of alcohol absorption.

Do I Have To Take a Breath or Blood Test?

Under Illinois' implied consent law, all motorists automatically consent to a breath or blood test at the request of an officer. A motorist may withdraw that consent by refusing, and when a driver refuses a breath or blood test, his or her driving privileges will be suspended.  However, it is important to note that if a driver submits to a breath, blood or urine test which results in a 0.08 or greater blood alcohol result or reveals the presence of any illegal or intoxicating compound (even legal, prescribed medication), the Secretary of State of Illinois will also issue a license suspension.  Suspension for refusal is longer than for submission.  In some cases, high breath or blood alcohol concentrations may result in significant additional criminal penalties upon a finding of guilty, including mandatory jail and higher fines. 

Why Should I Contact a Cook County DUI Attorney?

If you were arrested for DUI after taking a breath or blood test, it’s crucial that you contact a skilled Cook County DUI lawyer right away. Failing a breath, blood or urine test is strong evidence that can be used against you in court to create a presumption that you are impaired, and may be enough to convince a Judge or Jury that you are guilty. Furthermore, if you refused a breath or blood test, the Judge or Jury may consider your refusal as a sign that you feel you are guilty. You need to retain the legal counsel of a DUI attorney who has experience defending clients in Cook County who’ve either failed or refused a breath, blood or urine test.  At Fagan, Fagan & Davis, we’ve handled thousands of DUI cases of this nature, and are very experienced in these matters. There are many reasons that could explain or call into question a positive breath, blood or urine test, and we are committed to finding those reasons and making them known!

For more information about how we can help you fight your DUI charges, please contact a Cook County DUI defense attorney at Fagan, Fagan & Davis today at (888) DUI-STOP.