If you were recently pulled over in Illinois and refused to take a breathalyzer test, you might be wondering what happens next. Refusing a breath test can feel like a way to protect yourself, but Illinois law has strict rules under its implied consent laws. Here’s what you need to know about the legal consequences and how an experienced attorney can help.

Understanding Implied Consent in Illinois

When you drive in Illinois, you automatically agree to submit to chemical testing—such as a breath, blood, or urine test—if you are suspected of driving under the influence (DUI). This is known as implied consent. Refusing a breathalyzer doesn’t mean you are off the hook; it can trigger immediate penalties separate from any criminal DUI charges.

Immediate License Suspension

If you refuse a breathalyzer test in Illinois:

• First Refusal: Your driver’s license will be suspended for one year.
• Second or Subsequent Refusal (within 5 years): Your license will be suspended for three years.

This suspension happens automatically under a Statutory Summary Suspension, even if you are not convicted of DUI.

Impact on Your DUI Case

Refusing a breathalyzer can influence your DUI case in two ways:

1. No Direct BAC Evidence – Prosecutors won’t have a breath test result to use against you.
2. Evidence of Refusal – Your refusal can still be presented in court as evidence that you were trying to avoid testing because you were impaired.

While refusing a test may make proving a DUI more difficult for the prosecution, the administrative penalties are severe.

Challenging a License Suspension

You do have the right to challenge the automatic license suspension. Acting quickly is crucial, as you have 90 days to request a hearing to contest the Statutory Summary Suspension. An experienced attorney can help identify procedural errors or argue that the officer lacked probable cause for the stop or the test request.

How Daniel G. Berry, Attorney at Law Can Help

If you refused a breathalyzer in Chicago, navigating the legal process can be overwhelming. At Daniel G. Berry, Attorney at Law, we can:

• Review your traffic stop and arrest for constitutional violations
• Challenge your license suspension
• Defend you against DUI charges

Our goal is to protect your driving privileges and minimize the impact of a DUI investigation on your life.