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Busting Three Common DUI Myths

Posted on behalf of Donahue & Walsh, P.C. | February 18, 2022

The guy at the end of the bar, your in-laws and your friends all have one thing in common: they are good for providing companionship and entertainment, but chances are they are not experts on Illinois DUI laws.

There are numerous myths surrounding DUI that can lead to legal and administrative problems for the accused. Let’s blow a hole through three of them and fill them back in with accurate information.

Myth 1: Refuse the Test and They Cannot Punish You

After all, if they cannot prove you are over .08 blood alcohol content (BAC), you’ll be in the clear. Right?


While you are allowed to refuse to submit to a field sobriety test, breath test, blood test or other testing, it will not prevent you from facing the criminal or administrative consequences of driving under the influence (DUI). Refusing a test comes with a mandatory one year suspension of your driver’s license. On the other hand, if you take a test and come in above .08, you will face a mandatory six-month suspension of your license.

Myth 2: You Have To Be Physically Driving to Get a DUI

Sleeping it off in the car may be better than driving home, but you can still be charged with DUI if are determine to be in “physical control” over your vehicle. Being in the driver’s seat with the keys may be enough to result in you being charged with DUI.

Myth 3: You’re Home Free If You Make It Home

If you are tempted to make the short drive home, know this: you can still be charged with DUI even if you make it home safely without being stopped. If a neighbor or officer happens to see you pulling into the garage and stumbling out of your car, a subsequent BAC test could allow officers to connect the dots and arrest you for DUI.

The only safe bet is to choose a sober ride when you have been drinking and, if you are arrested for DUI, make an experienced defense attorney your first call.

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