Can You Refuse a Breathalyzer Test in Illinois?
If you’re pulled over on suspicion of DUI in Illinois, the officer may ask you to take a breathalyzer test. Many drivers panic in this moment, unsure of their rights or what the consequences might be. You might wonder: “Can I refuse the test?” The short answer is yes—but it comes with serious consequences.
Understanding your rights, and the penalties for refusing, is essential. Here's what you need to know before you're ever in that situation.
Illinois Is an Implied Consent State
When you receive your Illinois driver’s license, you automatically agree to submit to chemical testing—such as a breathalyzer, blood, or urine test—if you're arrested for DUI. This is known as implied consent.
That doesn’t mean you’re physically forced to take the test, but refusing it carries automatic penalties—even if you aren't ultimately convicted of DUI.
Refusing a Breath Test Has Consequences
If you refuse to take a breathalyzer after being arrested for DUI, the Secretary of State will automatically suspend your driver’s license for one year (if it's your first offense). This is called a Statutory Summary Suspension, and it happens regardless of the outcome of your criminal case.
If it’s your second or subsequent refusal, the suspension period increases significantly—up to three years.
In some cases, the refusal can even be used as evidence against you in court.
What About Roadside Tests?
There’s a difference between:
Preliminary Breath Tests (PBTs) offered during a traffic stop, and
Evidentiary breathalyzer tests given after an arrest.
You can legally refuse a roadside PBT without automatic license suspension. These devices are less accurate and primarily used to establish probable cause. But once you're placed under arrest, refusing the official chemical test carries automatic penalties.
Should You Refuse?
It depends on the situation. In some cases, refusal might prevent the state from gathering critical evidence. In others, it may lead to a license suspension with little benefit. Every case is different—and that’s why legal guidance is critical.
Protect Your License and Your Rights
If you’ve been arrested for DUI or refused a breathalyzer test in Illinois, the decisions you make next are crucial. You have a limited window to fight a license suspension, challenge the traffic stop, and prepare your defense.
The Law Offices of Richard Waller has the experience to guide you through every step of the process—from license reinstatement hearings to trial defense.
Call: (847) 790-4042
Email: richard@wallerlawoffice.com
Say Nothing, Call Me.®
