What Happens if I Refuse a Breath Test in Illinois?

 Posted on February 04, 2026 in DUI

As of 2026, refusing a breath test during a DUI stop can have lasting consequences in Illinois. Many drivers believe that refusing the test will help them avoid a DUI charge. However, Illinois law does not always work that way.

DUI enforcement is common across the state. According to the Illinois Secretary of State’s 2025 DUI Fact Book, 21,975 DUI arrests were reported statewide. If you are stopped and asked to submit to testing, the decision you make at that moment can affect your license, your case, and your future. An Elgin, IL DUI defense lawyer can help you understand what refusal means and what options may still be available.

What Does It Mean To Refuse a Chemical Test in Illinois?

When you drive on Illinois roads, you are considered to have agreed to submit to testing if you are lawfully arrested for DUI. This rule is known as implied consent and is set out in 625 ILCS 5/11-501.1.

A refusal is not limited to clearly saying "no." It can also include failing to blow hard enough into the device, stopping early, or delaying in a way officers view as uncooperative. In these situations, police may still record the interaction as a refusal.

Importantly, refusal is treated as a separate issue from the DUI charge itself. Even if the DUI case is later dismissed or reduced, the refusal penalties can still apply unless they are successfully challenged.

What Are the Immediate Penalties for Refusing a Breathalyzer?

Refusing a chemical test triggers an automatic driver’s license suspension called a statutory summary suspension. This process is administrative, meaning it is handled by the Illinois Secretary of State rather than the criminal court.

Common consequences of refusal include:

• Automatic suspension of your driver’s license

• Longer suspension periods than might result from a failed test

• Restricted driving privileges, if any

For a first refusal, the suspension period is typically 12 months. For a second or subsequent refusal, the suspension can extend to three years. These penalties begin quickly, often before you ever appear in court.

Can You Still Be Charged With DUI if You Refuse a Breath Test?

Refusing a breathalyzer test does not prevent police from charging you with DUI. Officers may rely on other evidence, including driving behavior, physical observations, field sobriety tests, dash camera footage, or witness statements.

In addition, prosecutors are allowed to tell the court that you refused chemical testing. A refusal may be used in an attempt to prove that you believed you would fail the test. While refusal alone does not prove guilt, it can still be used against you in court.

Can You Challenge a License Suspension After Refusing a Chemical Test During a DUI Stop?

Drivers who refuse a breath test have the right to request a statutory summary suspension hearing. This hearing is separate from the DUI case and must be requested quickly.

At this hearing, the court does not decide guilt or innocence. Instead, it focuses on whether the police followed the law.

A defense lawyer may challenge:

• Whether the officer had a lawful reason to stop the vehicle

• Whether there was probable cause to make a DUI arrest

• Whether you were properly warned about the consequences of refusal

• Whether your actions legally counted as a refusal

If the court finds that police did not meet legal requirements, the suspension may be rescinded and your driving privileges restored.

Can You Get a Restricted Driving Permit if You Refused a Breathalyzer During a DUI Stop?

In limited situations, some drivers may qualify for a restricted driving permit after a refusal. These permits are not guaranteed and often come with strict conditions, such as alcohol treatment requirements or ignition interlock installation.

Eligibility depends on factors like prior DUI history, the length of suspension, and compliance with Secretary of State rules. Refusal cases generally make getting restricted driving privileges more difficult than failed-test cases.

Schedule a Consultation With a Kane County, IL DUI Defense Attorney

At The Law Office of Brian J. Mirandola, we understand how stressful a DUI stop can be, but we can help. Attorney Mirandola is a former Assistant State’s Attorney with more than 20 years of experience in criminal law. That background provides valuable insight into how DUI cases are charged and defended in Illinois courts.

If you refused a chemical test or are facing DUI charges, call 847-488-0889 to schedule a free consultation with an experienced Elgin, IL DUI defense lawyer today.