At Edward Johnson & Associates, we’ve spent years tearing apart DUI cases in Chicago courtrooms. We know the law, we know the tactics prosecutors use, and we know how far law enforcement will push to get a conviction. One thing many clients don’t realize is that you can absolutely be charged and even convicted of a DUI in Illinois without failing a breath test. The law gives prosecutors multiple paths to build their case, and we’re prepared to shut down each one.
Under 625 ILCS 5/11-501, you can be charged with driving under the influence if you are in actual physical control of a vehicle while impaired by alcohol, drugs, or any intoxicating compound. A failed breath test makes their case easier, but it is not required. Officers can rely on field sobriety tests, body cam footage, witness statements, or their observations of your driving behavior and physical condition to push charges forward. If drugs are involved, blood or urine tests may come into play, and under federal law (21 U.S.C. § 841), even controlled substance use that is legally prescribed can lead to impairment allegations behind the wheel.
We’ve seen cases where drivers refused a breath test, passed it, or where no test was given, and prosecutors still tried to secure convictions. They lean heavily on subjective evidence, claiming slurred speech, bloodshot eyes, or the odor of alcohol means you were impaired. We dismantle these weak claims in court, challenging every step of the stop, every observation, and every supposed test result. We know when to strike hard and when to pressure prosecutors into deals that protect your record and your future.
Frequently Asked Questions About DUI Charges Without A Breath Test
Can Police Arrest Me For DUI Without Chemical Test Results?
Yes. Illinois law allows an arrest based on probable cause. If officers believe your driving or behavior shows impairment, they can arrest you even without breath, blood, or urine test results. We target these arrests aggressively, forcing the state to prove its case beyond a reasonable doubt.
Can I Refuse A Breath Test And Avoid DUI Charges?
Refusing a breath test doesn’t prevent charges. It triggers automatic license suspension under 625 ILCS 5/11-501.1, and prosecutors can argue your refusal suggests guilt. We attack these claims and push for the reinstatement of your driving privileges wherever possible.
What If The Officer Only Used Field Sobriety Tests?
Field sobriety tests are unreliable. Weather, medical conditions, and uneven pavement can affect results. We cross-examine officers on their training, their administration of tests, and whether they followed National Highway Traffic Safety Administration guidelines.
Can Prescription Drugs Lead To A DUI Charge?
Yes. Under 625 ILCS 5/11-501(a)(4), you can face DUI charges if drugs impair your ability to drive safely, even if legally prescribed. Prosecutors often overreach in these cases, and we fight to expose weak evidence of actual impairment.
Can Federal Drug Laws Affect A DUI Case In Illinois?
If controlled substances are involved, federal law under 21 U.S.C. § 841 and related statutes may increase scrutiny of your case. While DUI charges are state-level offenses, prosecutors may highlight federal restrictions on certain drugs to strengthen their argument. We counter with medical documentation and expert testimony when necessary.
What Are My Chances Of Winning A DUI Case Without Failed Breath Test Evidence?
Without a failed test, the state’s case is weaker. We exploit inconsistencies, question officer credibility, and highlight the lack of concrete proof. Many of these cases end in reduced charges, dismissals, or acquittals because prosecutors can’t meet the burden of proof.
How Can A DUI Defense Lawyer Help In This Situation?
We move fast to gather video, witness statements, and expert analysis to dismantle the state’s version of events. Our strategy is aggressive, calculated, and aimed at exposing every flaw in the prosecution’s case. We fight relentlessly to protect your license, your record, and your freedom.
Call Edward Johnson & Associates Today
If you’ve been charged with DUI in Illinois—even without failing a breath test, you need a defense team that fights as hard as the state does. At Edward Johnson & Associates, we know how to challenge every aspect of these cases and win. Contact our Chicago DUI defense attorney at Edward Johnson & Associates P.C. by calling 708-762-8666 to receive your free consultation. We defend clients in Chicago and across the entire Chicagoland metro, and we’re ready to fight for you.