Charged With DUI After Refusing All Tests in Illinois?

Here’s What You Need to Know

It’s the middle of the night. You see the flashing lights behind you. Moments later, a police officer is asking how much you’ve had to drink and whether you’ll perform some field sobriety tests. You decline. Then they ask you to blow into a breathalyzer. You refuse that too. Before you know it, you’re handcuffed, booked, and facing DUI charges in Illinois.

If this scenario sounds familiar, you’re not alone. Many people mistakenly believe that refusing all tests means the State won’t be able to prosecute a DUI case. That is far from the truth. In Illinois, and especially in places like Chicago and Cook County, DUI charges are frequently filed even when the accused refuses both the field sobriety and chemical tests. The key to protecting your future is understanding what evidence the State can still use against you—and why hiring a skilled DUI attorney is more important than ever.

Refusing All DUI Tests Doesn’t Stop the Charges

Illinois DUI law, codified at 625 ILCS 5/11-501, allows prosecutors to file DUI charges based on either a chemical test showing a BAC of 0.08% or higher, or based on the officer’s opinion that you were impaired. That means you can still be charged—and convicted—even without any test results.

Once an officer believes you were driving or in actual physical control of a motor vehicle while under the influence of alcohol or drugs, they can arrest you and begin the legal process. Your refusal to submit to field sobriety tests or chemical testing doesn’t shield you from prosecution. Instead, the State will rely heavily on the officer’s observations, your behavior, any dashcam or bodycam footage, and any other circumstantial evidence.

This type of DUI case—where all tests were refused—is often referred to as an “observation-based” DUI. And while it may lack hard scientific evidence, it can still lead to serious criminal penalties if not aggressively defended.

The Legal Fallout of Refusing Chemical Testing in Illinois

Beyond the criminal charge, Illinois law imposes harsh consequences for refusing chemical testing. Under 625 ILCS 5/11-501.1, any driver lawfully arrested for DUI is considered to have given “implied consent” to testing. If you refuse, the Illinois Secretary of State will impose a statutory summary suspension of your driver’s license.

For first-time offenders, the refusal results in a 12-month license suspension. If you have prior DUI arrests or test refusals within the last five years, the suspension extends to three years. Importantly, this license suspension is separate from the criminal DUI case. Even if you are found not guilty at trial, you may still lose your license unless the suspension is overturned through a petition to rescind.

This is why legal representation is vital. An attorney can file the petition to contest the license suspension, request a hearing within 90 days, and potentially get your driving privileges reinstated before your criminal case is resolved.

How Prosecutors Build a Case Without Test Results

You may think that no test means no case. But prosecutors in Illinois are trained to work around refusals. In fact, many officers are trained to document every aspect of your traffic stop and arrest to help support a conviction, even if you decline all tests.

They may cite your driving behavior—swerving, speeding, running a red light—as the first sign of impairment. Then, they’ll add your appearance and demeanor: slurred speech, bloodshot eyes, an unsteady gait, fumbling with documents, or the smell of alcohol.

In refusal cases, dashcam and bodycam footage often become key evidence. If video shows you stumbling, slurring your words, or acting confused, prosecutors will use that to argue you were impaired. Your refusal to submit to tests will also be used as evidence, with prosecutors claiming that you declined because you knew you were intoxicated.

Even your silence or limited cooperation can be twisted into an argument that you were trying to avoid giving the officer evidence of your guilt.

What You Risk If You Don’t Fight Back

Many people believe they’ll just get a slap on the wrist for a first-time DUI. But even a first DUI offense in Illinois carries serious penalties. If you’re convicted of a first-time DUI, you could face:

Up to 364 days in jail
Fines of up to $2,500
Mandatory alcohol education or treatment
Community service
A criminal record that can never be expunged
Increased insurance premiums
Immigration or employment consequences

If aggravating factors are present—such as a prior DUI, a minor in the vehicle, or a crash involving injury—your misdemeanor charge can be elevated to a felony. Felony DUI convictions can result in years in prison and long-term license revocations.

And remember, this is all in addition to the statutory license suspension for refusing chemical testing. Without legal help, you may lose your driving privileges for a year or more—even if you’re never convicted.

Why Refusal-Based DUI Charges Can Be Defended

Here’s the good news: DUI cases based entirely on observations, without any chemical test evidence, are often more vulnerable to legal defenses. The lack of a breath or blood test removes one of the State’s most persuasive tools. And with the right defense attorney, you can challenge the prosecution’s narrative on multiple fronts.

An experienced DUI attorney will:

Examine whether the initial traffic stop was valid
Analyze the officer’s report for inconsistencies or boilerplate language
Review video evidence to challenge the officer’s observations
Identify whether medical conditions or fatigue could explain your behavior
File motions to suppress or exclude unreliable evidence
Fight the statutory license suspension at a rescission hearing

In many refusal cases, prosecutors are forced to rely almost entirely on the officer’s opinion. If your attorney can discredit that opinion or present alternative explanations for your behavior, you may be able to avoid conviction or negotiate a better outcome.

Supervision, Reduction, and Dismissal: What Are Your Options?

Illinois law allows for court supervision for certain first-time DUI offenders. Supervision keeps a conviction off your record, allows you to complete certain conditions (like alcohol classes or community service), and avoids jail time. But it’s not automatic. Prosecutors may oppose supervision in refusal cases, arguing that your refusal shows a lack of cooperation or remorse.

That’s why you need an attorney who can advocate for your eligibility. Your lawyer can also pursue other outcomes, such as a reduction to reckless driving, dismissal based on legal flaws, or even an acquittal at trial.

Each case is different, but the sooner your attorney starts building your defense, the more options you’ll have.

The Role of a DUI Attorney in a Refusal Case

Refusal-based DUI cases demand legal attention from day one. Your attorney can help you:

Contest the automatic license suspension
File motions to suppress the stop or arrest
Obtain and analyze video evidence
Negotiate for reduced charges or alternative sentencing
Take the case to trial if needed
Keep you informed and protected at every court appearance

Trying to defend yourself—or relying on an overwhelmed public defender—can leave you exposed to serious mistakes. The State has experienced prosecutors. You need someone just as experienced on your side.

Final Thoughts: Don’t Let a Refusal Case Ruin Your Record

DUI cases in Illinois are complex, especially when no tests were submitted. But refusing a test doesn’t make you guilty, and it doesn’t guarantee a conviction. With the right legal defense, you may be able to walk away without a conviction, keep your license, and avoid the long-term consequences that follow a DUI on your record.

Don’t let prosecutors tell your story unchallenged. Get a lawyer who knows how to fight these cases—and win.

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.