Will I Still Get a DUI if I Refuse a Breath Test in Illinois?

 Posted on January 20, 2026 in Criminal Defense

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.

Can Illinois Police Still Arrest You for DUI Without a Breath Test?

Police do not need a breath test result to arrest you for DUI. An officer may rely on observations and other evidence.

This can include driving behavior, the odor of alcohol, slurred speech, bloodshot eyes, or performance on field sobriety tests. If an officer believes there is probable cause, a DUI charge can still be filed without a breath test result.

Will Refusing a Breath Test Automatically Get My DUI Case Dismissed?

Refusing a breath test does not automatically result in dismissal of a DUI charge. Prosecutors may still rely on officer testimony, squad car or body camera video, witness statements, and other evidence. Each case depends on whether the stop, arrest, and procedures were handled properly.

What Are the License Consequences for Refusing a Breath Test?

License consequences for refusal are handled separately from the criminal DUI case. These penalties are part of the statutory summary suspension process.

For a first DUI arrest involving refusal, drivers may face:

• A longer license suspension than for a failed test

• No driving privileges unless specific court relief is granted

• Loss of driving privileges shortly after the suspension begins

These penalties can apply even if the DUI charge is later reduced or dismissed.

Can I Challenge a License Suspension After Refusing a Breath Test?

You have the right to challenge a statutory summary suspension in court. There is a limited amount of time to request a hearing. At that hearing, the court may review whether the officer had legal grounds for the stop.
The court may also examine whether the arrest was lawful and whether the implied consent warnings were given correctly. Acting quickly matters because missing deadlines can limit your options.

Does Refusing a Breath Test Affect DUI Penalties if I Am Convicted?

Refusal can affect sentencing if there is a DUI conviction. Illinois courts may impose harsher penalties in refusal cases, especially when there is a prior DUI history.

Judges may also consider refusal when deciding conditions such as monitoring, treatment programs, or restricted driving privileges. This makes refusal cases especially important to handle carefully.

Should I Refuse a Breath Test in Illinois?

There is no simple answer that applies to everyone. Refusing a breath test may limit certain evidence, but it also triggers automatic license penalties and does not prevent a DUI charge.

Many drivers are surprised to learn that refusal often creates additional challenges, when their refusal was an attempt to avoid them. Understanding the consequences ahead of time can help you make informed decisions.

Schedule a Consultation with Our Waukegan, IL DUI Defense Attorney

If you refused a breath test and are facing DUI charges, Law Office of Theodore S. Potkonjak can help. Attorney Potkonjak brings more than 40 years of legal experience to every case. This includes over 20 years as a judge, along with prior experience as both a prosecutor and a public defender. That background provides valuable insight into how DUI cases are investigated, prosecuted, and decided.

Call 847-263-1200 to speak with a McHenry County, IL DUI defense lawyer about your options and next steps. We offer free consults and flat fee billing.