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Can I Refuse a Breath, Blood, or Urine Chemical Test in Illinois?
Chicago DUI Defense Attorney — The Law Offices of David L. Freidberg
Chicago is one of the busiest cities in the United States for DUI enforcement. From the expressways to neighborhood patrols across the city’s 77 community areas, law enforcement aggressively investigates and prosecutes suspected drunk and drugged drivers. One of the most common questions I receive from clients is: “Can I refuse a breath, blood, or urine test if I’m pulled over for DUI in Illinois?” The short answer is yes—you can refuse. But it comes with serious legal consequences, and the refusal itself may still be used against you in court.
If you’ve already refused a chemical test and were arrested for DUI in Chicago or Cook County, it’s not too late to fight your case. Illinois law gives you the right to challenge the evidence, contest the automatic license suspension, and defend yourself against a criminal conviction. However, the process moves quickly, and without an attorney advocating for you at every step, your chances of avoiding long-term consequences go down significantly.
Understanding DUI Laws and Test Refusals in Illinois
In Illinois, DUI is governed by 625 ILCS 5/11-501. Under this statute, a person can be charged with DUI if they are in actual physical control of a motor vehicle while:
- Having a blood alcohol concentration (BAC) of 0.08% or more;
- Under the influence of alcohol to a degree that renders them incapable of driving safely;
- Under the influence of any intoxicating compound, drug, or combination of substances;
- Having any amount of a controlled substance in their system.
To determine whether you fall into any of these categories, officers rely heavily on chemical testing—most commonly breath, blood, or urine tests. These tests are not optional under Illinois law once you are under arrest for DUI. Illinois operates under an implied consent law, which means by driving on Illinois roads, you have already consented to submit to such tests when lawfully arrested for DUI.
The law that governs this process is 625 ILCS 5/11-501.1. If you refuse to submit to chemical testing after a lawful arrest, you won’t be charged with a crime for the refusal, but your driver’s license will be automatically suspended.
For a first refusal, the statutory summary suspension period is one year. If you submit to testing and fail, the suspension is only six months. For repeat offenders, the suspension periods increase significantly.
Importantly, the refusal doesn’t prevent a DUI charge from being filed. Officers can—and often do—proceed with arrest and prosecution based on other forms of evidence: driving behavior, field sobriety tests, odor of alcohol, slurred speech, and even your refusal itself.
The Criminal Case Process After a Test Refusal
Once you refuse a chemical test, the officer will inform you of the consequences and file a Law Enforcement Sworn Report. This document is sent to the Illinois Secretary of State, triggering the statutory summary suspension. You will receive notice that your license will be suspended 46 days after the date of the arrest, unless you request a hearing.
You will also be charged with DUI under 625 ILCS 5/11-501(a)(1) or (a)(2), depending on whether the State alleges a BAC over 0.08% or that you were generally impaired. The charges are usually filed as a Class A misdemeanor, which carries penalties of:
- Up to 364 days in jail
- Fines up to $2,500
- Mandatory alcohol education or treatment
- Community service hours
- Installation of a Breath Alcohol Ignition Interlock Device (BAIID) if driving privileges are restored
If it is a second or third offense, or if aggravating factors are present (e.g., minor in the vehicle, injury accident), the charge can be elevated to a felony DUI under 625 ILCS 5/11-501(d), which can carry a sentence of years in prison.
What Prosecutors Use When You Refuse the Test
Contrary to popular belief, refusing chemical testing doesn’t mean prosecutors have no evidence to use against you. In many cases, they actually push harder when someone refuses, using that refusal as proof of consciousness of guilt.
Without a test result, they will turn to other forms of evidence:
- Police observations of driving behavior (weaving, speeding, lane violations)
- Physical signs of impairment (odor of alcohol, red or glassy eyes, slurred speech)
- Performance on field sobriety tests (if you completed them)
- Your demeanor or statements during the stop
- Any dashcam or body-worn camera video
If you refused both field and chemical tests, the prosecutor’s case may rest entirely on officer testimony and video evidence. This creates opportunities for your defense attorney to challenge whether the arrest was lawful, whether your refusal was voluntary, and whether the officer’s observations are reliable.
How the Criminal Trial Process Works in Refusal-Based DUI Cases
Your case will typically be assigned to a misdemeanor courtroom at the Richard J. Daley Center or one of the branch courts in Chicago or Cook County. The first appearance is the arraignment, where you will enter a plea. Your attorney will also file a Petition to Rescind Statutory Summary Suspension, which must be done within 90 days of the notice.
During discovery, your attorney will receive all of the police reports, video, audio, and any other evidence the State intends to use. The next stage involves pretrial motions, which may include:
- A motion to quash the arrest
- A motion to suppress the evidence based on a lack of probable cause
- A motion to exclude statements made without Miranda warnings
At trial, the State must prove every element of the DUI charge beyond a reasonable doubt. The absence of a test result makes their job harder, but it does not make victory automatic. A strong defense often rests on creating doubt about the officer’s version of events, showing inconsistencies in the report, and presenting the refusal in a legally justifiable way.
Why You Need a Criminal Defense Attorney in a Refusal Case
DUI refusal cases are technical, fact-intensive, and fast-moving. Without an attorney, you are extremely unlikely to succeed at a hearing to overturn your suspension. You also risk entering a plea without understanding long-term consequences or missing the opportunity for court supervision or other favorable outcomes.
A DUI defense lawyer will:
- Request and analyze police reports and videos
- Identify flaws in the officer’s observations
- Cross-examine law enforcement at hearings and trial
- File necessary motions to suppress evidence
- Fight the statutory suspension and criminal charge
Most importantly, your attorney helps prevent the case from controlling your future. Whether you work in healthcare, law enforcement, education, or another licensed profession, avoiding a DUI conviction is critical.
Legal Defenses to Chemical Test Refusal Charges
There are several defenses your attorney may raise in a refusal-based DUI case:
One is lack of probable cause. If the initial traffic stop or the arrest wasn’t based on reasonable suspicion or probable cause, everything that follows—your refusal included—may be inadmissible.
Another is improper warning. The law requires officers to explain the consequences of refusing a test. If they did not properly warn you of the one-year suspension or gave misleading information, that can be challenged.
Medical or psychological explanations may also be relevant. If a driver refused testing due to anxiety, trauma, or confusion, the refusal may not reflect impairment or guilt.
And finally, if video evidence contradicts the officer’s written report, your attorney may be able to discredit the testimony and persuade the judge or jury that reasonable doubt exists.
What to Look for in a DUI Attorney in Chicago
Not all defense attorneys understand how to fight DUI refusal cases. You need someone who has handled these specific cases in Cook County, knows the judges and prosecutors, and can anticipate how the refusal will be used against you.
Look for a lawyer who:
- Has trial experience in refusal-based DUIs
- Can explain Illinois DUI laws without legal jargon
- Will handle your case personally from start to finish
- Has a track record of motions granted and charges reduced or dismissed
During your consultation, ask about their approach to fighting the statutory summary suspension and how they’ve handled similar cases in the past.
Questions to Ask a DUI Lawyer at Your Free Consultation
- How many DUI refusal cases have you handled?
- What are my chances of getting the license suspension overturned?
- How will you challenge the officer’s version of events?
- What are the risks of trial versus a plea?
- Do you offer payment plans?
A good attorney will answer clearly and directly—and will give you a strategy from day one.
FAQs About Chemical Test Refusal in Chicago
Will I automatically lose my license if I refuse the test?
You will receive a statutory summary suspension that starts 46 days after arrest unless you file a petition and win at the rescission hearing.
Can the police force me to take a blood test?
Only with a warrant or if special circumstances apply, such as an accident involving injury or death. Otherwise, chemical testing must be voluntary.
Is refusing the test better than failing it?
It depends. Refusing limits the State’s evidence but results in longer license suspension. Submitting provides a number they can use, but the suspension is shorter.
Can I drive while my license is suspended?
You may be eligible for a Monitoring Device Driving Permit (MDDP) if this is your first offense. This allows you to drive with a BAIID installed.
How long does a DUI stay on my record in Illinois?
Forever. Illinois does not allow expungement or sealing of DUI convictions. That’s why avoiding a conviction is so important.
Why You Need The Law Offices of David L. Freidberg
DUI cases involving chemical test refusals require immediate legal action and aggressive defense. At The Law Offices of David L. Freidberg, we bring decades of experience to every case and work tirelessly to protect your rights, license, and reputation.
Whether this is your first offense or a repeat charge, we will guide you through the process, file the right motions, and pursue every opportunity to dismiss or reduce the charges.
We are available 24/7 and provide free consultations to anyone arrested in Chicago, Cook County, or the surrounding areas.
Call Now – The Law Offices of David L. Freidberg Is Ready to Help
If you were arrested in Chicago for DUI, protect your future by contacting The Law Offices of David L. Freidberg. We have decades of experience handling DUI cases in Illinois. Our firm is available 24/7 to provide the legal defense you deserve.
Contact us today at (312) 560-7100 or toll-free at (800) 803-1442 for a free consultation. We’re available 24/7 to serve clients throughout Illinois, Cook County, DuPage County, Will County, and Lake County.