Can I Refuse to Take a Breathalyzer Test in Illinois?

 Posted on January 14, 2026 in DUI

You can refuse to take a breathalyzer test in Illinois, but refusing has immediate consequences, even if you are never convicted of DUI. As of 2026, Illinois still enforces strict implied consent laws that affect your driver’s license when chemical testing is refused.

This issue comes up often. According to the Illinois Secretary of State’s 2025 DUI Fact Book, law enforcement recorded more than 21,000 DUI arrests statewide in the prior year. With DUI enforcement so common, understanding how breathalyzer refusal works is important. If you are facing this situation, a Naperville, IL DUI defense lawyer can help you understand what refusal really means for your case.

What Does Illinois Law Say About Refusing a Breathalyzer Test?

Illinois is an implied consent state. This means that by driving on Illinois roads, you are considered to have agreed to chemical testing if police lawfully arrest you for DUI.

Under 625 ILCS 5/11-501.1, a driver who is arrested for DUI must submit to chemical testing. The test may involve breath, blood, or urine, depending on the circumstances. Refusing the test does not stop the DUI charge from moving forward, but it does trigger separate penalties.

What Happens if You Refuse a Breathalyzer in Illinois?

Refusing a breathalyzer test leads to an automatic driver’s license suspension. This suspension is administrative, not criminal. It applies even if the DUI charge is later reduced or dismissed.

If you refuse testing, you may face:

• A longer license suspension than if you failed the test

• Immediate notice of suspension from the arresting officer

• Loss of driving privileges before the DUI case is resolved

• Limits on eligibility for a driving permit

Under 625 ILCS 5/11-501.6, a first refusal usually results in a one-year license suspension. A second refusal can lead to a three-year suspension.

Can Refusing a Breathalyzer Help or Hurt a DUI Case in Illinois?

Refusing a breathalyzer can affect a DUI case in different ways. On one hand, the state does not have a breath alcohol number to use as evidence. On the other hand, prosecutors may argue that refusal suggests the driver knew they were impaired.

Refusal does not prevent the police from using other evidence. Officers may rely on field sobriety tests, officer observations, body camera footage, or later blood test results.

Can Police Get a Blood Test if You Refuse a Breath Test During an Illinois DUI Stop?

In some situations, the police may seek a warrant to obtain a blood sample after a refusal. This often happens when there is a crash, suspected drug use, or prior DUI history.

Blood tests involve separate legal and scientific issues, including whether the warrant was valid and whether testing procedures were followed correctly. These tests are often challenged in court.

How Does Refusal Affect Your Driver’s License in Illinois?

License suspension for refusal happens quickly. You have a limited amount of time to request a hearing to challenge the suspension.

At this hearing, the issues are narrow. The hearing officer looks at whether the police had legal grounds for the stop, arrest, and test request. These hearings are separate from the criminal DUI case but can be critical for protecting driving privileges.

Should You Always Refuse a Breathalyzer Test During a DUI Stop in Illinois?

There is no single answer that fits every situation. The decision depends on factors like prior DUI history, the reason for the stop, and the evidence already available to police.

What matters most is understanding the consequences before making that choice. Speaking with a lawyer after an arrest can help you evaluate whether refusal helped or hurt your specific case.

Schedule a Free Consultation With Our Naperville, IL DUI Defense Attorney

If you refused a breathalyzer test or are facing a DUI charge, the team at Law Office of Philip R. Nathe can help you understand your options. Attorney Nathe is a former Assistant State’s Attorney in DuPage County and brings more than 25 years of legal experience to his practice. He understands the criminal process from both the prosecution and defense perspectives, which can be important when challenging DUI evidence and license suspensions.

Call 630-416-7600 to schedule a free consultation with our Naperville, IL DUI defense lawyer and get clear guidance on how a breathalyzer refusal may affect your case.