It is usually voluntary whether or not you want to submit to a BAC test (it is not voluntary if there was an accident involving great bodily harm). However, if you refuse to submit to testing, there are certain penalties. As of 2012, the penalties in the State of Illinois are as follows:
First time offender who test: – .08 or over: 6 month suspension First time offender who refuses tests: – 12 month suspension Second time offender who tests over .08: – 12 month suspension Second time offender who refuses tests: – 36 month suspension
If you have not had a prior SSS within the past five years, you are considered a first time offender (in reference to Illinois Secretary of State) for purposes of the SSS. This does not mean you will be considered a first time offender in the criminal matter. For the criminal charges, if you have ever pled guilty to our been found guilty of a DUI, you are not a first time offender.