Is Refusing A Breath Test in an Illinois DUI Arrest A Good Idea?

Chicago DUI Defense From The Law Offices of David L. Freidberg

Chicago is a vibrant, fast-moving city, home to millions of drivers, countless nightlife options, and a well-funded law enforcement system that takes DUI enforcement seriously. If you’re pulled over on suspicion of driving under the influence, one of the most pressing decisions you may face is whether or not to submit to a breath test. For many people, refusing a breath test feels like a way to avoid incriminating evidence. But in Illinois, refusal doesn’t make the problem go away—it creates new ones.

Knowing whether refusing a breath test is a good idea requires a real understanding of Illinois DUI laws, how the legal system handles breath test refusals, and what the consequences are—both for your driver’s license and for your criminal case. If you’ve already refused a breath test, or are dealing with the aftermath of a DUI arrest in Cook County, DuPage County, Lake County, or Will County, it’s time to take your situation seriously. The right legal defense can mean the difference between a clean record and a permanent mark on your future.

Illinois Law on Breath Test Refusals: What the Statutes Say

Illinois DUI laws are enforced under the Illinois Vehicle Code, specifically 625 ILCS 5/11-501. Under this law, it is illegal to operate a motor vehicle while under the influence of alcohol, drugs, or any intoxicating compound. Most DUI charges are based on either a failed chemical test or observations of impairment.

If you’re asked to submit to a breath, blood, or urine test following a DUI arrest, your decision to comply or refuse falls under Illinois’ implied consent law, found in 625 ILCS 5/11-501.1. By operating a motor vehicle on public roadways, every Illinois driver gives implied consent to submit to chemical testing if lawfully arrested for DUI.

Refusing to take the test comes with serious administrative penalties—even if you aren’t ultimately convicted in court. For a first-time DUI arrest, refusing a breath test results in an automatic statutory summary suspension of your driver’s license for one year. This suspension begins on the 46th day after your arrest and is separate from any criminal charges. For second or subsequent refusals, the suspension period increases to three years.

Keep in mind, the criminal charge of DUI—usually a Class A misdemeanor—still moves forward even without a breath test result. Prosecutors can build a case using police observations, field sobriety test results (if taken), dashcam video, and witness statements. The refusal may even be used as evidence of consciousness of guilt, though it cannot be the sole basis for a conviction.

The DUI Arrest and Investigation Process in Chicago

A typical DUI arrest in Chicago starts with a traffic stop. Officers may claim to observe erratic driving, equipment violations, or other infractions to initiate the stop. Once they make contact, if they smell alcohol, see bloodshot eyes, or hear slurred speech, they may ask you to exit the vehicle and perform field sobriety tests. These tests are not mandatory, but if the officer believes there is probable cause to arrest, they’ll take you into custody regardless of your cooperation.

At the station, you’ll be asked to submit to a breathalyzer test. If you refuse, the officer will complete a “Notice of Statutory Summary Suspension” and forward it to the Illinois Secretary of State. You will be issued a Notice of Suspension, which becomes active 46 days later unless challenged in court.

Once charged, your case will be assigned to a courtroom at the Daley Center or another Cook County criminal courthouse. You’ll be arraigned, and a formal plea will be entered. Discovery begins at that point, and the judge will set the timeline for motions and a potential trial.

The fact that you refused the test may impact pretrial negotiations. Prosecutors may be more aggressive or less willing to offer court supervision if they believe you were trying to avoid detection. However, your attorney may also be able to use the lack of a chemical result as a defense advantage.

Is Refusing a Breath Test Ever a Good Idea?

There are circumstances where refusing a breath test may be beneficial. If you are absolutely certain you are well above the legal limit—such as after heavy drinking—and there’s no accident, injury, or aggravating factor, refusing may prevent the State from getting numerical evidence to use against you.

However, this only helps when paired with an aggressive legal defense strategy. Police will still document every observation they made—your demeanor, your speech, your coordination, and more. In court, your refusal will be brought up, and it will be left to the judge or jury to decide whether it was done out of fear or guilt.

Refusing also triggers the automatic suspension, which can be longer than the suspension you’d face if you simply took the test and failed it. That’s where legal advice becomes essential. A DUI attorney can help you challenge the statutory suspension and, in some cases, keep your driving privileges intact.

In short: refusing the breath test doesn’t make the DUI go away. It just changes the battlefield. If you don’t have a lawyer, you’ll be walking into court without any defense while the State builds a case around your refusal.

How Criminal Trials Work in Illinois DUI Refusal Cases

When there’s no breath test result, the prosecution must rely on circumstantial and testimonial evidence. That means the officer’s credibility becomes central. Was their stop lawful? Were their observations accurate? Did they follow proper procedure?

Your attorney will file motions to suppress evidence if any of your constitutional rights were violated. If you weren’t properly advised of your rights or if the stop was without probable cause, much of the evidence could be excluded.

The trial process includes:

Pretrial Hearings: These address issues like probable cause, Miranda warnings, and statutory suspension.
Bench or Jury Trial: Your attorney will help you decide whether a judge or jury is best based on the evidence.
Testimony and Cross-Examination: The arresting officer will testify. Your attorney will challenge their statements and introduce doubt about the quality of their observations.
Verdict and Sentencing: If found guilty, sentencing may include jail time, fines, community service, DUI classes, and more. For a first offense, court supervision may be an option—especially with a strong legal defense.

Evidence Prosecutors Use When You Refuse Testing

Even without a breath test, law enforcement and prosecutors gather multiple types of evidence in DUI cases. This can include:

The arresting officer’s report
Bodycam and dashcam footage
Testimony about your appearance, speech, and behavior
Field sobriety test performance (if attempted)
Statements you made during the stop
Prior DUI convictions or suspensions

Every piece of this evidence can be challenged. Video footage may contradict the officer’s written report. Lab records may show inconsistencies. Your refusal may be presented as a calculated choice, not an admission of guilt. The sooner a DUI attorney begins reviewing this evidence, the stronger your defense becomes.

Why You Need a DUI Attorney If You Refused a Breath Test

Facing DUI charges in Illinois is never simple, but refusal cases require even more legal skill. The State will try to spin your refusal as an attempt to hide impairment. If you don’t have a lawyer to push back and provide context, that narrative may go unchallenged.

A qualified attorney will:

Review your arrest and identify any unlawful police conduct
Challenge the statutory suspension through a formal hearing
Negotiate with prosecutors to pursue court supervision or a reduced charge
Fight to prevent a DUI conviction from impacting your record and livelihood
Help you secure a Monitoring Device Driving Permit (MDDP) or Restricted Driving Permit (RDP), if applicable

Defenses to DUI Refusals in Illinois

Refusal cases often come down to the officer’s credibility. If they didn’t follow procedure, lied in their report, or failed to establish probable cause, the case can fall apart.

Potential defenses include:

The officer lacked probable cause to arrest you
The traffic stop itself was illegal
You were not properly advised of the consequences of refusal
The refusal was not clear or voluntary
You were suffering from a medical condition that mimicked signs of impairment

Your defense strategy depends on a detailed review of the facts, the footage, and the police reports—something only a skilled attorney can provide.

What To Ask at Your Free DUI Consultation

When meeting with a DUI defense lawyer, come prepared. Ask:

How many refusal cases have you defended?
Do you have experience in the courthouse where my case is being heard?
What strategies have worked in similar cases?
Can you help challenge the license suspension?
What are my chances of avoiding a conviction?

The answers you get will tell you whether the lawyer is ready to truly defend you—or just manage your case.

FAQs: DUI Refusals in Chicago

Will I be convicted if I refused a breath test?
Not necessarily. The State still has to prove impairment beyond a reasonable doubt using other evidence. A skilled attorney can challenge those claims.

Can I challenge the license suspension?
Yes. You can request a hearing to fight the statutory summary suspension. This is separate from your criminal case.

How long will I lose my license?
If you refused testing, the statutory suspension is 12 months for a first offense. If you failed the test, it’s 6 months. These suspensions can be challenged.

Can I drive to work while suspended?
You may be eligible for a Monitoring Device Driving Permit (MDDP) with a breath ignition interlock device. Your attorney can help you apply.

What happens if I have a prior DUI?
Refusal penalties and criminal consequences increase. You may be charged with a felony depending on your record. Get legal help immediately.

Why Choose The Law Offices of David L. Freidberg

When you’re facing a DUI charge in Chicago after refusing a breath test, you need more than just a lawyer—you need someone who knows the system and knows how to beat it. At The Law Offices of David L. Freidberg, we’ve helped thousands of clients avoid convictions, keep their licenses, and protect their futures.

We understand what’s at stake, and we treat every case with the urgency and care it deserves. We know the courts, the prosecutors, and the strategies that work in refusal cases.

Call Now – The Law Offices of David L. Freidberg Is Ready to Help

If you were arrested in Chicago for DUI, protect your future by contacting The Law Offices of David L. Freidberg. We have decades of experience handling DUI cases in Illinois. Our firm is available 24/7 to provide the legal defense you deserve.

Contact us today at (312) 560-7100 or toll-free at (800) 803-1442 for a free consultation. We’re available 24/7 to serve clients throughout Illinois, Cook County, DuPage County, Will County, and Lake County.