Are the Words "No Comment" equivalent to a Refusal to Submit To Chemical Testing?

Asked 11 months ago - Chicago, IL

The following incidents happened in Chicago, IL
Pulled Over For Tinted Windows.

Police Officer told me to step out of my vehicle and I complied. He then asked me for drivers license and I told him I did not have it. My drivers license is currently suspended. He then placed me in his squad car. There were two other passengers in my vehicle and he told them to start walking home.

Police report indicates:

-Very Strong Smell of Burnt Canabis Was Noticed On Person And In Breath of Driver and Red Glossy Eyes.

-Driver Could Not Produce Valid Drivers License

Driver Refused Chemical Testing


When the officer asked him if I would be willing to submit to chemical testing the driver responded "No Comment". All of this was being recorded in the squad. Are those two words the same as refusal

Attorney answers (7)

  1. Judy A. Goldstein

    Contributor Level 20

    19

    Lawyers agree

    Answered . You did not agree or submit. Therefore you refused.

  2. Harold L. Wallin

    Pro

    Contributor Level 15

    19

    Lawyers agree

    Answered . Yes.

  3. Ted Harvatin

    Pro

    Contributor Level 19

    17

    Lawyers agree

    Answered . Yes they are. Anything other than immediate yes is a refusal. (Silence, no comment, even saying no and then changing your mind, asking for a blood test instead)

  4. Ray Choudhry

    Contributor Level 14

    13

    Lawyers agree

    Answered . Let's do it this way.
    If your girlfriend asked you to take her to the concert and you said no comment, what do you think that would mean.

  5. Mechislav Furman

    Contributor Level 6

    12

    Lawyers agree

    Answered . That answer would constitute a refusal.

  6. Ethan Patrick Meaney

    Pro

    Contributor Level 20

    13

    Lawyers agree

    Answered . Yes

    This is not intended as legal advice. No attorney / client relationship exists because of this response.
  7. Paul F. Serkland

    Contributor Level 6

    5

    Lawyers agree

    Answered . Yes.

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