JUSTICE KOEHLER delivered the Opinion of the Court:

The defendant, Jeffrey Whipple, was arrested on a charge of driving under the influence of alcohol (625 ILCS 5/11501(a)(2) (West 1996)). The Rock Island circuit court granted his motion to rescind his statutory summary suspension, concluding that the defendant should have been permitted to call his attorney prior to submitting to the breathalyzer test. The State appeals, and we reverse and remand.

The defendant was arrested in the early morning hours of August 5, 1997, after failing field sobriety tests. The arresting officer read the standard "Warning to Motorists" to the defendant at 1:22 a.m. The defendant asked to speak to his attorney, and the officer refused his request. The officer explained to the defendant that he had no right to talk to a lawyer on the issue of whether he should take the breathalyzer test. At 1:52 a.m., after observing the defendant for the requisite time, the officer noted that the defendant had refused the test. During the observation period, the defendant repeatedly asked to speak to his lawyer.

After recording the defendant's refusal to submit to the breathalyzer, the officer informed the defendant of his Miranda rights. The defendant asked to speak with his lawyer, and the officer allowed the defendant to make a telephone call. During the course of the call, the defendant asked the officer if he could take the breathalyzer test. The officer responded that he could not.

At the end of the hearing on the defendant's motion to rescind his statutory summary suspension, the circuit court determined that the defendant had been under arrest at the time he was asked to submit to the breathalyzer tests. The court further concluded that the breathalyzer amounted to a custodial interrogation and the defendant was, therefore, entitled to counsel during that interrogation. Because the defendant was not allowed to exercise his right to counsel, the circuit court concluded that his constitutional rights had been violated. Accordingly, the court rescinded the defendant's statutory summary suspension.

The sole issue on appeal is whether the defendant was entitled to speak with his attorney before submitting, or refusing to submit, to the breathalyzer test. Illinois courts have uniformly concluded that a defendant has no right, either constitutional or statutory, to consult with an attorney prior to submitting to a breathalyzer test. See People v. Thomas, 199 Ill. App. 3d 79, 556 N.E.2d 1246 (1990); People v. Cadwell, 160 Ill. App. 3d 495, 513 N.E.2d 539 (1987); People v. Gaddi, 145 Ill. App. 3d 227, 494 N.E.2d 696 (1986); Village of Cary v. Jakubek, 121 Ill. App. 3d 341, 459 N.E.2d 651 (1984). We see no reason to depart from the settled jurisprudence of this State. The defendant's refusal to submit to a breathalyzer is not a constitutionally protected act. South Dakota v. Neville, 459 U.S. 553, 564, 74 L. Ed. 2d 748, 759, 103 S. Ct. 916, 923 (1983). Nor is it an "interrogation" within the context of the Miranda decision. Neville, 459 U.S. at 564 n. 15, 74 L. Ed. 2d at 759 n. 15, 103 S. Ct. at 923 n. 15. Moreover, the refusal to submit to a breathalyzer test is not a "critical stage" of the criminal proceedings. People v. Okun, 144 Ill. App. 3d 1066, 1070, 495 N.E.2d 115, 118 (1986).

The dissent maintains that the defendant had a statutory right to communicate with counsel in a reasonable manner (725 ILCS 5/103--3(a) (West 1996)) and for a reasonable time (725 ILCS 5/103--4 (West 1996)). Illinois courts have repeatedly rejected this argument. See Cadwell, 160 Ill. App. 3d 495, 513 N.E.2d 539; People v. Graziano, 151 Ill. App. 3d 475, 502 N.E.2d 822 (1986); Griffith, 143 Ill. App. 3d 683, 493 N.E.2d 413; Okun, 144 Ill. App. 3d 1066, 495 N.E.2d 115.

Further, the dissent claims that it was a "departmental policy" to deny the defendant the right to speak with his attorney during the 20-minute observation period preceding the breathalyzer test. This is inaccurate. The Illinois Vehicle Code provides that chemical analysis of a person's breath must be performed according to standards promulgated by the Department of Public Health (Department). 625 ILCS 5/11501.2(a)(1) (West 1996). The Department's regulations governing breathalyzer tests provide that the subject of the test must be continuously observed for at least 20 minutes before the test is given. 77 Ill. Adm. Code