Can You Be Arrested for DUI in Illinois Without Failing a Breath Test?

Driving under the influence (DUI) charges are aggressively pursued in Chicago and across the state of Illinois. Many people assume that a DUI arrest can only happen if they blow over the legal limit of 0.08% blood alcohol concentration (BAC). That is a dangerous misconception. As criminal defense attorneys based in Chicago with decades of experience, we have represented countless individuals charged with DUI despite having a BAC below the legal threshold or even refusing a chemical test altogether.

Under Illinois law, DUI arrests don’t rely solely on breath test results. Police officers can arrest and prosecutors can pursue convictions based on probable cause, field sobriety tests, driving behavior, officer observations, and even statements made by the driver. Whether you are charged in Cook County, DuPage County, Lake County, or Will County, you must understand your rights and the risks of a DUI arrest without a failed breath test.

DUI Charges in Illinois: A Closer Look at the Statute

The Illinois DUI law is codified in 625 ILCS 5/11-501. This statute outlines multiple ways a person can be charged with DUI, including operating a vehicle with a BAC of 0.08% or more, being under the influence of alcohol or drugs to a degree that renders the person incapable of driving safely, or having any amount of a controlled substance in the blood or urine.

This means a person can be arrested and charged with DUI even if their BAC is below 0.08%, so long as the officer believes they are impaired. This is a subjective determination often based on behavior, driving patterns, field sobriety test results, and the officer’s own perceptions.

Depending on the circumstances, a DUI can be charged as a Class A misdemeanor or elevated to a felony under certain conditions, such as driving without a valid license, having prior DUI convictions, or having a child under 16 in the vehicle.

How DUI Cases Begin: Investigations and Arrests Without a Breath Test Failure

Most DUI cases begin with a traffic stop. In Chicago, officers are trained to look for signs of impaired driving: weaving between lanes, failing to signal, running stop signs, or driving at inconsistent speeds. Once a stop is made, the officer begins to observe the driver for additional indicators of impairment, such as the smell of alcohol, bloodshot eyes, or slurred speech.

Field sobriety tests often follow, including the walk-and-turn test, the one-leg stand, and the horizontal gaze nystagmus test. These tests are highly subjective, and performance can be affected by fatigue, medical conditions, or environmental factors. Nonetheless, officers regularly cite poor performance on these tests as justification for arresting someone, even in the absence of a failed breath test.

If the officer believes there is enough probable cause, the driver will be arrested. Refusing a chemical test triggers an automatic license suspension under Illinois’ implied consent law, but it does not prevent the DUI charge from being filed.

Illinois Penalties and Collateral Consequences for DUI Without a Failed Breath Test

A first-time DUI offense in Illinois is typically charged as a Class A misdemeanor under 625 ILCS 5/11-501, punishable by up to one year in jail, fines up to $2,500, and driver’s license suspension. If the driver refused chemical testing, they face a one-year statutory summary suspension (625 ILCS 5/6-208.1).

However, penalties escalate with aggravating factors. A second DUI conviction carries mandatory jail time and longer license suspension. A third or subsequent DUI is generally charged as a felony under 625 ILCS 5/11-501(d), with the potential for years in prison.

Beyond court-imposed penalties, a DUI conviction can affect employment, professional licensing, auto insurance rates, and immigration status. In Chicago, many professionals lose job opportunities because of the stigma tied to a DUI record, even if no breath test failure occurred.

Example Case: Fighting a DUI Charge Without a Failed Breath Test

We represented a Chicago man stopped near Lincoln Park after allegedly swerving between lanes. The officer noted bloodshot eyes and slurred speech and conducted field sobriety tests, which our client allegedly failed. He refused a breath test but was arrested and charged with DUI under the impairment clause of 625 ILCS 5/11-501(a)(2).

Our defense focused on video evidence from the squad car and inconsistencies in the officer’s report. The footage contradicted the officer’s claim about the driver’s coordination and demeanor. We also introduced medical documentation explaining the client’s speech impairment. The judge found insufficient evidence of impairment, and the charges were dismissed.

This case highlights why an experienced criminal defense lawyer is critical in DUI cases that rely on officer observations rather than chemical proof.

The Types of Evidence Officers Use in DUI Investigations

Law enforcement relies on several forms of evidence to justify DUI arrests, including:

• Driving behavior before the stop
• Physical observations: odor of alcohol, slurred speech, red eyes, flushed face
• Field sobriety test performance
• Statements made by the driver
• Video or dashcam footage

Importantly, none of these pieces of evidence require a failed breath test to result in an arrest or conviction. However, all are subject to challenge in court.

The Criminal Trial Defense Process in Illinois

Criminal cases in Illinois follow a multi-stage process: investigation, arrest, bond hearing, arraignment, discovery, pretrial motions, trial, and potential sentencing. At each stage, having a defense attorney makes a difference. We ensure your rights are preserved, evidence is scrutinized, and procedural errors are identified.

Pretrial motions can be used to suppress evidence, such as challenging the legality of the traffic stop or the reliability of field sobriety tests. At trial, the burden is on the prosecution to prove guilt beyond a reasonable doubt, and we aggressively challenge every piece of subjective evidence.

Legal Defenses Against DUI Without a Failed Breath Test

Legal defenses may include:

• Lack of probable cause for the traffic stop
• Improper administration of field sobriety tests
• Medical conditions mimicking impairment
• Video evidence contradicting officer claims
• Constitutional violations such as unlawful detention or failure to inform of rights

The absence of a failed breath test creates opportunities for strategic defenses, especially when the charge hinges solely on officer opinion.

Why You Need a Criminal Defense Attorney for DUI in Illinois

A DUI charge in Illinois, even without a failed breath test, can upend your life. Police and prosecutors aggressively pursue these cases. Without a qualified defense attorney, you risk conviction, license suspension, and a permanent criminal record.

We understand Illinois DUI laws, court procedures, and effective defense strategies. Our team at The Law Offices of David L. Freidberg has handled thousands of DUI cases, many resulting in dismissed charges or acquittals.

What to Look for in a Chicago Criminal Defense Attorney

When selecting a DUI defense lawyer in Illinois, look for someone with years of trial experience, a record of successful case results, and a deep understanding of local court systems. They should be responsive, communicative, and willing to explain every step of the process.

Ask about their courtroom experience, how often they handle DUI cases, and whether they have experience with bench trials and jury trials in Cook County and surrounding jurisdictions.

Questions to Ask During a Free DUI Consultation

Ask:

• How often do you defend DUI cases?
• What outcomes have you achieved in cases like mine?
• What defenses may apply to my specific case?
• How will you communicate with me throughout the process?
• What are the next steps, and how soon should we act?

We offer a free consultation 24/7 because early intervention is critical.

City-Related DUI and Criminal Defense FAQs for Illinois (750 Words)

Can I be arrested for DUI in Chicago if I pass a breath test? Yes. Under Illinois law, a DUI arrest can be based on officer observations and performance on field sobriety tests. A breath test is just one tool.

What happens if I refuse the breath test in Cook County? Refusal triggers a statutory summary suspension of your license, even if you’re not ultimately convicted. The DUI charge still proceeds.

Is a first-time DUI in Chicago a felony? No. Most first-time DUIs are charged as misdemeanors. However, aggravating factors like driving with a minor passenger or causing injury can elevate it to a felony.

Can I challenge the results of a field sobriety test? Absolutely. Field sobriety tests are subjective and can be influenced by physical conditions, nervousness, or poor instructions.

How long will a DUI stay on my criminal record in Illinois? A DUI conviction stays on your record permanently. Illinois does not allow DUI expungement.

Do I need a lawyer if I plan to plead guilty? Yes. A lawyer may identify defenses or procedural issues that could result in dismissal or reduction of charges. Pleading guilty without legal advice is a mistake.

How long is the license suspension after a DUI arrest in Illinois? It depends. A first-time refusal results in a 12-month suspension. A failed test results in a 6-month suspension.

Can I get a permit to drive after my license is suspended? You may qualify for a Monitoring Device Driving Permit (MDDP) if this is your first offense and you install a Breath Alcohol Ignition Interlock Device (BAIID).

How much does a DUI cost in Illinois? Costs vary, but between fines, court costs, evaluations, treatment, and increased insurance, it often totals several thousand dollars.

Is there jail time for a first DUI in Chicago? While it is possible, many first-time offenders avoid jail, especially with strong legal representation. Each case is unique.

Why You Need Legal Help Now: Choose The Law Offices of David L. Freidberg

If you were arrested for DUI in Illinois without failing a breath test, you may be tempted to think the charges won’t stick. That is a serious mistake. These cases are aggressively prosecuted, and officer testimony often carries weight unless it is properly challenged.

Without a criminal defense attorney, you risk a conviction that will follow you for life. We’ve defended clients across Cook County, DuPage County, Lake County, and Will County. Our record speaks for itself.

The Law Offices of David L. Freidberg is available 24 hours a day, 7 days a week, to defend your rights, explain your legal options, and fight to keep your record clean.

Call Today for a Free Consultation

Whether you’re charged in downtown Chicago, Skokie, Maywood, Bridgeview, or Rolling Meadows, we’re ready. We appear regularly in courtrooms throughout Cook, DuPage, Will, and Lake Counties. And we don’t treat aggravated speeding as just another moving violation.

If you were arrested in Chicago, 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.