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

In Chicago, many drivers are surprised to learn that a failed breath test isn’t required to be arrested or charged with driving under the influence (DUI). You could blow under the legal limit or even decline the test entirely and still find yourself in handcuffs. This happens far more often than people think, especially in the city where aggressive DUI enforcement is the norm.

Illinois law allows for DUI arrests based on a variety of factors beyond your blood alcohol content (BAC). At The Law Offices of David L. Freidberg, we’ve spent decades defending individuals throughout Chicago and the surrounding counties who never failed a breath test but still faced criminal DUI charges. If you’re in this position, it’s critical to understand the legal basis for these arrests and what your rights are moving forward.

Understanding the Law: 625 ILCS 5/11-501

The Illinois Vehicle Code makes it clear: DUI charges don’t require a BAC of 0.08% or more. Section 625 ILCS 5/11-501(a)(2) allows for arrest and prosecution if you are “under the influence of alcohol” to a degree that makes you incapable of driving safely. This is highly subjective and depends almost entirely on the officer’s observations.

Illinois also criminalizes driving under the influence of drugs, even prescription medications, and makes it illegal to operate a vehicle with any amount of a controlled substance in your system. That means a DUI arrest can proceed without any chemical evidence at all.

Common Scenarios That Lead to DUI Arrests Without Failed Breath Tests

We’ve represented people in countless situations where no breath test failure occurred. Here are the most frequent examples:

A driver swerves or rolls through a stop sign and is pulled over. The officer smells alcohol and observes the driver fumbling for their license. The driver submits to field sobriety tests and struggles with balance. They blow a 0.06%, but the officer arrests them anyway.

Or consider a driver who refuses the breathalyzer after performing poorly on roadside tests. The refusal itself triggers a license suspension and strengthens the officer’s case for impairment. Even though there’s no BAC number on record, the driver is charged based on observed behavior and refusal to test.

Field Sobriety Tests: A Key Piece of the Puzzle

Officers commonly rely on standardized field sobriety tests to justify a DUI arrest. These include the horizontal gaze nystagmus test, the walk-and-turn, and the one-leg stand. While these tests are taught to officers in DUI detection training, they are far from foolproof.

Medical issues, nervousness, road conditions, or even age can affect performance. Still, officers use these tests to build probable cause. In the absence of a failed chemical test, these observations often become the cornerstone of the prosecution’s case.

Case Result: DUI Dismissed Without a Failed Test

We represented a 32-year-old Chicago woman who was pulled over late at night for failing to signal a turn. The officer claimed she had glassy eyes and an unsteady walk. She refused the breath test, and based on her field test results and refusal, she was arrested and charged with DUI.

Our team filed a motion to suppress based on an unlawful traffic stop. Dashcam footage showed she had used her turn signal. We further presented medical records showing her unsteady gait was due to a prior knee injury. The court granted the suppression motion, and the DUI case was dismissed before trial.

This case is a perfect example of why it’s a mistake to assume you can’t be convicted without a breath test, and why it’s even more dangerous to face charges without a lawyer.

What Happens If You Refuse the Breath Test?

Refusing a breathalyzer triggers a statutory summary suspension of your driver’s license under 625 ILCS 5/6-208.1. For a first refusal, you face a 12-month suspension. If you submit to the test and fail, the suspension is only 6 months for a first offense.

Importantly, refusing the test doesn’t protect you from being charged or convicted. The officer can still testify to their observations, and the court may consider your refusal as evidence of consciousness of guilt.

DUI Charges Without BAC: What the Prosecution Must Prove

The burden remains on the prosecution to prove beyond a reasonable doubt that you were impaired. This is more difficult without chemical evidence, but not impossible. Prosecutors will lean heavily on officer testimony, video evidence, field sobriety test results, and your own statements.

Our job is to challenge the validity of each of those elements. Did the officer conduct the tests properly? Are their observations consistent with the video footage? Were your rights violated during the stop or arrest? We explore every angle to build a strong defense.

The Stakes Are High

A DUI conviction in Illinois, even without a failed breath test, brings serious consequences. First-time offenders face up to one year in jail, fines up to $2,500, and a mandatory license suspension. For repeat offenders or cases involving aggravating factors, charges can escalate to felonies with multi-year prison sentences.

In addition to court penalties, there are long-term consequences:

• A criminal record
• Higher auto insurance premiums
• Loss of employment or difficulty finding work
• Suspension or revocation of professional licenses
• Immigration consequences for non-citizens

The impact of a DUI extends far beyond the courtroom. That’s why legal defense must begin immediately.

What Makes a Good DUI Defense Lawyer in Illinois?

Not all criminal defense attorneys handle DUI cases. You need someone who understands Illinois DUI law, has extensive courtroom experience, and knows how to challenge subjective evidence.

The Law Offices of David L. Freidberg provides strategic, aggressive DUI defense backed by decades of real courtroom experience. We’ve built a reputation for fighting hard and winning difficult cases, especially those based on observation alone.

Why Acting Fast Is Critical

The timeline for DUI defense starts immediately. You only have a limited window to challenge the statutory summary suspension of your driver’s license. If you miss it, you may lose driving privileges even if you beat the criminal charge.

We file petitions for a hearing to contest your license suspension. At the same time, we begin collecting and analyzing all evidence related to your arrest.

Questions to Ask in Your Free DUI Consultation

When you speak with a defense attorney, ask:

• Have you defended DUI cases without breath test failures?
• What’s your experience in Chicago and surrounding counties?
• How do you challenge officer observations and field tests?
• Can you handle both the license suspension hearing and the criminal case?
• How will you keep me informed about my case?

Serving Chicago and Beyond

We represent clients throughout Chicago and the surrounding areas, including Cook County, DuPage County, Lake County, and Will County. No matter where your arrest took place, we’re prepared to defend your rights and your future.

Call Us Anytime, Day or Night

If you were arrested for DUI without failing a breath test, don’t assume the charges are minor or will go away on their own. You need legal protection from the start.

When You Need a Fighter, Call Us

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.