What Happens if I Refuse a Breathalyzer in Chicago?

Many drivers stopped for suspected DUI and wondered if refusing a breathalyzer would work in their favor. While it’s a common myth that refusal will get you out of a DUI charge, the reality is much more complicated. In Chicago and throughout Illinois, refusing a breathalyzer triggers automatic administrative penalties under state law, including immediate license suspension.

Knowing your rights and the consequences of refusal is key. Working with an experienced DUI defense lawyer can help you navigate the legal fallout and protect your driving privileges.

Illinois Implied Consent Law

Under Illinois’s Implied Consent Law (625 ILCS 5/11-501.1), any driver operating a motor vehicle on public roads is considered to have given their consent to chemical testing, including breath, blood, and urine tests. Refusing to submit to a breathalyzer when asked by police is not a free pass; instead, it triggers an automatic process called Statutory Summary Suspension.

The law is clear: refusal carries penalties regardless of whether you’re convicted of DUI. In fact, the act of refusal alone is grounds for license suspension by the Illinois Secretary of State.

Immediate Consequences of Refusing a Breathalyzer

Refusing a breathalyzer in Chicago comes with serious administrative consequences. Per 625 ILCS 5/11-501.1, a Statutory Summary Suspension is automatically imposed 46 days after the arrest.

Here’s how the suspension timeline works:

• First-time refusal: 12-month driver’s license suspension
• Repeat refusal (within five years): 3-year suspension

These penalties apply even if you’re never convicted of DUI in court. And unlike some court-imposed penalties, summary suspensions are hard to get lifted unless you act fast.

CDL (Commercial Driver’s License) holders face even tougher consequences. According to federal regulations under 49 CFR Part 383 and Illinois CDL law, a refusal can disqualify you from commercial driving even without a conviction.

Refusal vs. Failed Breath Test: Which Is Worse?

A common question DUI defense lawyers get is: “Is it better to refuse the test or take it and risk failing?” Unfortunately, neither option is good, and both come with serious consequences. If you fail the breath test (BAC of 0.08% or higher), your license will be suspended for 6 months on the first offense or 12 months on the second. If you refuse, the suspension jumps to 12 months and 3 years, respectively. In short, refusal means longer suspensions.

Refusal doesn’t guarantee the prosecution won’t file DUI charges. Prosecutors can and often do build DUI cases without BAC evidence using officer observations, field sobriety test results, and dashcam footage. The key difference is that refusal denies the defense and prosecution a specific number, which can be cut both ways in court.

How a DUI Defense Lawyer Can Help After Refusal

Refusal doesn’t mean your case is lost, and it means your defense needs to be sharp and immediate. One of the first things your DUI defense lawyer may do is file a petition to rescind the summary suspension under 625 ILCS 5/2-118.1. This legal motion challenges the stop, the arrest, or the testing procedures.

Your attorney will look at:

• Was the officer have probable cause to stop you
• Were you properly informed of the consequences of refusal
• Were any rights violated during the arrest

If errors or rights violations occur, your lawyer may be able to get the suspension lifted or have key evidence thrown out. An experienced Chicago DUI defense lawyer will also represent you at the administrative hearing with the Secretary of State, which must be requested promptly to avoid losing that opportunity.

DUI Charges Without a Breath Test

Refusing a breathalyzer doesn’t mean you can’t be charged, or even convicted, of DUI. Illinois prosecutors are allowed to build a case based on alternative forms of evidence. This includes field sobriety tests, the officer’s personal observations (slurred speech, bloodshot eyes, odor of alcohol), and video from body cams or dashcams.

Without a breath test, the prosecution must rely more on these subjective observations, but that doesn’t necessarily weaken their case. In fact, some judges and juries find field evidence just as compelling as a chemical test. That’s why it’s important to have a defense attorney who knows how to challenge each piece of evidence strategically.

Impact on Your Driving Privileges

The impact of refusal on your driving privileges is immediate and can be long-lasting. Fortunately, Illinois law provides options for certain drivers to regain limited driving rights. For most first-time offenders, a Monitoring Device Driving Permit (MDDP) may be available. This permit allows you to drive during your suspension as long as you install a Breath Alcohol Ignition Interlock Device (BAIID) in your vehicle. The program is authorized under 625 ILCS 5/6-206.1.

For those not eligible for MDDP, such as individuals with prior DUI convictions, a Restricted Driving Permit (RDP) may be an option. However, this requires a formal hearing with the Secretary of State and submission of documentation proving hardship and completion of a remedial program.

Ultimately, the goal of a DUI defense lawyer is to either prevent the suspension from happening or get you a permit that allows you to keep your livelihood while your case is resolved.

CDL Holders

Commercial drivers are held to a higher standard under both Illinois law and federal regulations. If you have a Commercial Driver’s License (CDL) and refuse a breathalyzer test, you are subject to immediate and severe penalties, even if you were driving your personal vehicle at the time of the stop.

According to 49 CFR Part 383 and Illinois CDL law, a refusal to submit to chemical testing results in a mandatory disqualification of your CDL for at least one year for a first offense. A second offense can result in a lifetime disqualification.

What’s more, you don’t need to be convicted of DUI to face these penalties. The refusal alone is enough. Disqualification impacts not just your driving privileges but also your livelihood, especially for those who rely on their CDL for their income.

If you’re a CDL holder facing DUI-related charges or license suspension due to a refusal, you need to speak with a DUI defense lawyer immediately to explore every possible legal defense and protect your career.

Time Is of the Essence

When you refuse a breathalyzer test in Illinois, the clock starts ticking immediately. You have a limited time to act and protect your rights.

• The suspension takes effect on the 46th day after your arrest unless contested.
• Under 625 ILCS 5/2-118.1, you have 90 days from the notice of suspension to file a petition to rescind the statutory summary suspension.
• The court must hold a hearing within 30 days of the petition or on the first scheduled court appearance, whichever comes later.

Missing these deadlines can severely limit your options. If you miss the 90-day window to request a hearing, the suspension will stand and you may lose driving relief options like MDDP or RDP.

Why Choose Azhari LLC if You Refused a Breathalyzer

If you refused a breathalyzer test in Chicago, working with a team that knows Illinois DUI law inside and out can make all the difference. Azhari LLC is led by attorney Sami Azhari, a seasoned DUI defense lawyer who has represented clients facing license suspension, DUI charges and administrative penalties for test refusals.

At Azhari LLC, every case is handled with a strategic, client-centered approach. Sami Azhari has knowledge of the Chicago court systems, local procedures and the intricacies of Illinois law, including how to challenge summary suspensions, file petitions within statutory deadlines and protect commercial drivers from career-ending penalties.

Whether you’re a first-time offender or have more complex legal issues, you can trust Azhari LLC to provide aggressive representation, clear guidance and personal attention throughout the process.

Contact Azhari LLC Today

If you’ve refused a breathalyzer test, don’t wait for your license to be suspended or for charges to escalate. Time is of the essence when it comes to protecting your rights and driving privileges. Azhari LLC can help you act fast and defend your future.

Call (312) 626-2871 or visit https://azharillc.com to schedule a free, confidential consultation with a Chicago DUI defense lawyer.