What Happens if You Refuse a Breath Test During a DUI Stop in Illinois?

 Posted on May 26, 2026 in DUI Defense

Refusing a breath test does not make a DUI charge go away. Unfortunately, it comes with its own consequences. But it also removes one of the most powerful pieces of evidence the prosecution would otherwise have against you. If you’ve been charged in 2026, our Plainfield, IL DUI defense lawyers can help you figure out the best path forward from here.

Illinois operates under what is called an implied consent law. Under 625 ILCS 5/11-501.1, when you drive on Illinois roads, you automatically agree to submit to chemical testing. This can include a breath, blood, or urine test if an officer lawfully arrests you for DUI. You can refuse, but the law treats that refusal as a violation of that agreement. That’s when the consequences kick in automatically.

What Is the Difference Between a Roadside Breath Test and the Station Test in an Illinois DUI Case?

There are actually two different breath tests involved in most DUI stops, and they are treated very differently under Illinois law.

The first is the Preliminary Breath Test, or PBT. This is the handheld device an officer may ask you to blow into on the side of the road before any arrest is made. In Illinois, non-commercial drivers are not legally required to take this test, and refusing it does not trigger the automatic license suspension that comes with refusing the evidentiary test. The PBT is generally not admissible as evidence of your actual BAC at trial. It is used mainly to give the officer probable cause to make an arrest.

The second test is the evidentiary breath test, which is administered at the police station after you have been arrested. This is the test that is admissible in court and that the prosecution would use to prove your BAC was 0.08 or higher. Refusing this test is what triggers the automatic license suspension under Illinois law.

What Happens to Your License When You Refuse a Breath Test in IL?

When you refuse the evidentiary breath test, the officer files a notice of statutory summary suspension with the Illinois Secretary of State. This suspension is automatic and administrative, meaning it happens separately from your criminal DUI case. Even if your DUI charge is later reduced or dismissed in court, the license suspension still stands unless you successfully challenge it.

The length of the suspension depends on your history. If you have no prior DUI conviction or statutory summary suspension within the last five years, your license will be suspended for one year. If you have a prior DUI conviction or a prior statutory summary suspension within the last five years, the suspension is three years.

The suspension takes effect on the 46th day after your arrest. The officer will typically take your license at the scene and issue you a 45-day temporary driving permit so you can still drive during that window.

How Can You Challenge the Suspension?

Illinois law gives you the right to request a Statutory Summary Suspension hearing to fight the suspension before it takes effect. You have 90 days from the date you received the notice to make that request. If you do not request a hearing in time, the suspension goes into effect automatically.

At the hearing, your attorney can challenge whether the officer had proper probable cause to arrest in the first place, whether you were properly informed of the consequences of refusing, and whether the officer followed all required procedures. If the challenge is successful, your driving privileges can be reinstated. This is one of the most time-sensitive steps in any DUI refusal case, which is why contacting a lawyer quickly matters so much.

Does Refusing a Breath Test Actually Help Your DUI Case in Illinois?

Refusing the breath test means the prosecution does not have a BAC number to use against you at trial. Without that number, they have to build their case using other evidence, such as officer observations, field sobriety test results, and any video footage from the stop.

That can make the criminal case harder for prosecutors to win. However, refusal comes with its own cost. Under Illinois law, the prosecution can tell the jury that you refused the test and argue that you did so because you knew you were over the legal limit. That inference is not guaranteed to stick. However, it is something your defense attorney has to be prepared to address.

What If You Refused Because of a Medical Condition?

Some people refuse a breath test not because they were impaired, but because of a medical condition such as asthma, COPD, or another respiratory issue that makes it difficult or impossible to provide an adequate breath sample. If that applies to you, your attorney can present medical evidence to challenge whether your refusal was actually a refusal under the law or simply an inability to comply.

This is a real and recognized defense in Illinois DUI cases. It can affect both the administrative suspension and the criminal charge. Documentation from your doctor and medical records is key to making this argument effectively.

Schedule a Free Consultation With Our Joliet, IL DUI Defense Lawyers

At Reeder & Brown, P.C., we can request your suspension hearing before the deadline passes, challenge the circumstances of your arrest, and build the strongest possible defense for your criminal case. With more than 30 years of combined experience, our firm is focused on honest guidance, strong client service, and practical defense strategies. Our attorneys have handled thousands of criminal cases from both sides of the courtroom, including experience as prosecutors and defense lawyers.

Call 815-885-5980 today to schedule a free consultation with our Plainfield, IL DUI defense attorneys.