When the police stop you for suspected DUI in Chicago, they’re playing for keeps. They want evidence, and if they think you’re impaired, they’ll push hard for it. One of their biggest tools? Chemical testing—breath, blood, or urine. If you say no, you’re not just being difficult. You’re triggering automatic penalties under Illinois law. But here’s the thing—we’ve defended clients who’ve refused testing, and we know how to fight back. Sometimes, refusal is the right call. Sometimes it’s not. Either way, we stand ready to protect you the moment those red and blue lights flash in your rearview mirror.
Illinois operates under implied consent, laid out in 625 ILCS 5/11-501.1. The law says if you’re driving on Illinois roads, you’ve already agreed to chemical testing if law enforcement suspects you of DUI. Refusing that test doesn’t get you off the hook. It stacks more penalties on top of your case. The police may still arrest you, and the Secretary of State will automatically suspend your license—even if you’re never convicted.
We don’t sugarcoat the risks. A first-time refusal results in a one-year statutory summary suspension. If you have a prior DUI or test refusal within the past five years, that suspension jumps to three years. And while the suspension is automatic, we know how to challenge it. We file for a statutory summary suspension hearing under 625 ILCS 5/2-118.1. We show up to court, and we push the prosecution to prove that every step was legal. If they made one wrong move, we make sure the court hears about it.
We’re not just here to punch—we play the long game, too. In some cases, a refusal might strengthen your defense. It limits the evidence the State has. No breath test. No BAC reading. Just their word. And we know how to shred weak DUI arrests built on shaky field sobriety tests and assumptions. We’ve done it before, and we’ll keep doing it.
But don’t go it alone. Once you refuse a test, time matters. You only have 90 days from the notice of suspension to apply for a Monitoring Device Driving Permit (MDDP) if you’re a first offender. That’s your shot to keep driving with a BAIID device while the case plays out.
If you’re under pressure and made a split-second decision to refuse, we step in fast, and we hit back harder.
DUI Test Refusal FAQs
What Happens Immediately After I Refuse A DUI Test In Illinois?
Refusing a chemical test results in an automatic statutory summary suspension of your driver’s license. For first-time offenders, the suspension is 12 months. If you’ve refused or been convicted of DUI in the past five years, the suspension jumps to 36 months. This is separate from any criminal charges. The officer will take your license on the spot and issue a notice of suspension and a temporary permit valid for 45 days.
Can I Fight The Automatic License Suspension?
Yes. You have the right to request a statutory summary suspension hearing under 625 ILCS 5/2-118.1. We file the petition and force the prosecution to show that your traffic stop, arrest, and refusal were all lawful. If the officer failed to follow proper procedures or lacked probable cause, we’ll expose it. Many cases are won by identifying a flaw in how the stop or refusal was handled.
Will I Still Be Charged With DUI If I Refuse Testing?
Absolutely. Refusing the test does not prevent the State from charging you. Prosecutors can still use officer testimony, field sobriety tests, and your behavior to try and convict you. But without a BAC result, we may have more room to punch holes in their case. A refusal cuts off one piece of evidence the State often relies on.
What’s The Benefit Of Refusing A DUI Test?
In some cases, refusing the test keeps your blood alcohol level out of the State’s evidence. That can make the prosecution’s case harder to prove. If you’ve been drinking but aren’t sure of your BAC, a refusal may limit their firepower. But it comes with tradeoffs—like automatic license suspension and possible increased penalties if convicted.
What If I Already Refused And Now Regret It?
You can’t go back and take the test, but we can move fast to protect your rights. We can challenge the license suspension and start preparing a DUI defense. The earlier we get involved, the more control we have over the case. Whether it’s negotiating with the prosecutor or preparing to fight in court, we’ll bring the pressure where it counts.
Can I Drive If My License Is Suspended For Refusing A Test?
If you’re a first-time offender, you may qualify for a Monitoring Device Driving Permit (MDDP). That allows you to keep driving if you install a Breath Alcohol Ignition Interlock Device (BAIID) in your vehicle. You must apply with the Secretary of State within the timeline listed on your suspension notice. Missing the window can cost you the permit.
Is Refusing A Test Considered Evidence Of Guilt?
No. Refusal alone is not proof of guilt in a DUI case. However, the prosecution may try to argue that you refused because you knew you were impaired. We shut that down by pointing out the legitimate reasons people refuse—distrust, fear, or confusion. And when police fail to clearly explain your rights, we bring that to the court’s attention.
Does A Refusal Affect My Chances Of Getting A Plea Deal?
Refusals can complicate plea negotiations, but they don’t end them. We know how to work with prosecutors to get favorable deals—even in refusal cases. Sometimes, the lack of a test result weakens their hand, making them more open to negotiation. Other times, we go straight to trial if the offer is no good. Either way, we control the pace, not them.
How Long Will The Refusal Stay On My Record?
A DUI test refusal goes on your driving record with the Illinois Secretary of State. It can be used to enhance penalties for future offenses for at least five years. That’s why it’s so important to fight the suspension and the underlying DUI charge aggressively from the start.
Should I Ever Agree To A DUI Test?
It depends. If you haven’t been drinking or you’re confident your BAC is under the legal limit, taking the test may work in your favor. But if you’re unsure or feel pressured, it may be better to refuse. Either way, your first move should be to remain silent and ask for a lawyer. Then, let us take the fight from there.
Call Our Aggressive Chicago DUI Defense Attorney For A Free Consultation
We don’t back down from DUI cases—especially when there’s a test refusal on the line. At Edward Johnson & Associates, we defend you aggressively in court and apply pressure at every turn to protect your future. Whether we’re hammering the State’s evidence or working out a smart deal behind closed doors, we fight to win.
Contact our Chicago DUI lawyer at Edward Johnson & Associates P.C. by calling 708-762-8666 to receive your free consultation. Our law office is located in Chicago, Illinois, and we represent clients throughout the entire Chicagoland metro. When the stakes are high, you want us in your corner.