Number of Illinoisans Who Refuse Breathalyzer Up

By Kalyn Belsha in News on May 31, 2009 6:00PM

An increasing number of Illinoisans are refusing to take a Breathalyzer test when asked by police, according to the Sun-Times. About 41 percent of people arrested in cases of drunken driving -- more than two out of five -- refused to submit to breath testing in 2007, according to data from the Illinois Secretary of State’s office.

A recent hit and run that killed a 13-year-old Chicago boy on May 22 sparked the debate over the number of people who refuse a Breathalyzer. Chicago Police Officer Richard Bolling allegedly struck the boy, drove off and declined a breath test when stopped, authorities reported. He submitted to a Breathalyzer four hours later as a part of a separate CPD administrative investigation. His test came back with a blood-alcohol level of .079, just .01 below the legal limit.

Advocates blame a growing number of defense lawyers who train clients not to take the test for the recent spike. Attorney Don Ramsell is among them, they say. He has defended 13,000 DUI cases since 1986, including two of his own and he runs a website that boasts “40 ways to beat an Illinois DUI.” He and some other attorneys believe police-administered breath tests can have up to a 25 percent margin of error in their results.

“No one should participate in an investigation of themselves for a crime," he told the Sun-Times. “Why risk your freedom and innocence by submitting to a test done by a machine that is controlled by the police? That's what a Breathalyzer is.”

But police and prosecutors argue the machines are reliable and tested about every two months, and that their accuracy has been affirmed in judicial court. Advocates hope a new state law that went into effect Jan. 1 will increase the number of drivers who submit to Breathalyzers when asked. The new law bumps up the mandatory license suspension for drivers who refuse it from six to 12 months. It also requires DUI offenders to hook up a breath-test machine to their vehicle’s ignition -- which prevents the car from starting if the driver fails the test. [Sun-Times]

For the interesting evolution of Illinois DUI laws -- the legal limit was almost double what it is now in 1958 at .15 -- check out pages 33 to 41 of the 2009 Illinois DUI Fact Book.