Free Consultations
847-263-1200
Recent Blog Posts
Will I Still Get a DUI if I Refuse a Breath Test in Illinois?
As of 2026, you can still be arrested and charged with a DUI in Illinois even if you refuse a breath test. Refusing a breath test does not stop a DUI case from moving forward. It changes how the case is handled and triggers separate penalties related to your driver’s license.
DUI arrests are common in Illinois. Because refusal has serious consequences, speaking with a McHenry County, IL DUI defense lawyer early can help you understand what refusal means for both your case and your ability to drive.
What Happens if You Refuse a Breath Test in Illinois?
Illinois follows an implied consent system. This means that when you drive on Illinois roads, you are considered to have agreed to chemical testing if you are lawfully arrested for DUI.
Under 625 ILCS 5/11-501.1, refusing a breath, blood, or urine test leads to automatic driver’s license penalties. These penalties apply even if you are never convicted of DUI. For a first DUI arrest involving refusal, the license suspension is usually longer than it would be for a failed breath test.
Traffic Crimes With Jail Time in Illinois
You might not think of a traffic offense as a major infraction, but many of these violations carry significant penalties, including jail time and a criminal record. If you have been accused of a traffic crime, a Waukegan, IL criminal defense lawyer can discuss your case and explore legal strategies to protect your freedom.
At Law Office of Theodore S. Potkonjak, our attorney has over 40 years of legal experience and previously served as a judge and prosecutor for the Lake County State's Attorney's Office. We know the penalties associated with traffic crimes, and we can represent you in court to pursue reduced or dismissed charges.
Three Traffic Crimes You Can Go to Jail For in Illinois
Reckless Driving
If you are accused of driving unsafely in Illinois, you could face prosecution under the state’s reckless driving statute (625 ILCS 5/11-503). The difficult part about a reckless driving charge is that the definition is very broadly worded, so you could be charged with this offense for a variety of different acts, like swerving between lanes, speeding, or disregarding traffic signals.
Arrested? Contact Potkonjak.
Please use this form to contact Attorney Potkonjak and request a free consultation.
Waukegan Office
222 N. Martin Luther King Jr. Ave.,
Waukegan, IL 60085
P 847-263-1200
Map + Directions
Western Lake County Office
345 Park Ave., Suite 7,
Antioch, IL 60002
P 847-263-1200
Map + Directions
With offices in Waukegan and Antioch, IL, the Law Office of Theodore S. Potkonjak represents people accused of crimes throughout Lake County and McHenry County, including Gurnee, Mundelein, Highland Park, North Chicago, Round Lake, Libertyville, Lake Forest, Vernon Hills, Lake Zurich, Grayslake, Zion, Winthrop Harbor, Fox Lake, Barrington, Deerfield, Lincolnshire, and Buffalo Grove. We extend our reach to many additional neighborhoods and villages across the region, including communities throughout Cook County and DuPage County.
Results listed are not a guarantee or indication of future case results.
222 N. Martin Luther King Jr. Ave., Waukegan, IL 60085
847-263-1200
