Asked in DUI / DWI for Illinois

Q: After completing the roadside sobriety test is the officer required to give you the option to take a chemical test or no

If he places you in cuffs and being transported for testing are you considered under arrest and in compliance

Related Topics:
1 Lawyer Answer
David J. Winer
David J. Winer
PREMIUM
Answered
  • DUI & DWI Lawyer
  • Waukegan, IL
  • Licensed in Illinois

A: The officer is only required to offer a breath or blood test once at the police station. But, first he must read you the "Warning to Motorist" form explaining the consequences of taking the test or refusing. On the road he is not required to offer any chemical testing.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.