At Edward Johnson & Associates, we fight every DUI case as if our own freedom were on the line. When police pull someone over and demand a breathalyzer test, that moment can change everything. The pressure, the flashing lights, the officer’s commands — it’s easy to make a decision without understanding what’s truly at stake. In Illinois, refusing a breathalyzer is not a simple “yes or no” choice. It’s a legal decision with serious consequences that can either strengthen your defense or create new challenges. We believe in arming our clients with the facts before they make that call.
Understanding Illinois Implied Consent Law
Under Illinois’ Implied Consent Law (625 ILCS 5/11-501.1), every licensed driver automatically agrees to submit to chemical testing — such as breath, blood, or urine — if law enforcement has probable cause to believe the driver is under the influence of alcohol or drugs. Refusing the test does not mean the case goes away. Instead, it triggers an automatic Statutory Summary Suspension of your driver’s license.
- A first refusal results in a 12-month suspension of driving privileges.
- A second or subsequent refusal leads to a 36-month suspension.
This suspension begins on the 46th day after arrest, regardless of whether you are later convicted or not. Many drivers are shocked to learn that refusing a breathalyzer test often results in a longer license suspension than failing one.
When Refusing Might Help And When It Might Not
We’ve seen situations where refusing the test limits the state’s evidence. Without a BAC (Blood Alcohol Concentration) result, prosecutors must rely on officer testimony, dash-cam footage, or field sobriety tests and any other evidence that we can aggressively challenge in court. However, refusal can also be used as evidence of “consciousness of guilt,” meaning prosecutors may argue you refused because you knew you would fail.
Our role is to evaluate every angle:
- Was the officer’s stop lawful?
- Did they have probable cause to request the test?
- Was the implied consent warning properly read?
- Were your rights violated during the stop or arrest?
When any of these answers raises doubt, we press hard. Our strategy combines legal precision and courtroom tenacity to undermine the prosecution’s case at its foundation.
How Federal And State Law Interact
While DUI laws are primarily governed by Illinois statutes, the U.S. Constitution and federal due process protections also apply. The Fourth Amendment guards against unlawful searches, which include blood draws and chemical testing. A warrantless test without valid consent or exigent circumstances can lead to suppressed evidence. We routinely challenge breath and blood tests that violate constitutional limits, forcing the state to defend every step of its investigation.
Fighting The Suspension And The Criminal Case
The administrative suspension and the DUI criminal charge are separate proceedings. We attack both. At the Statutory Summary Suspension hearing, we challenge the officer’s probable cause and compliance with the law. Winning that hearing can reinstate your driving privileges early. We dissect every piece of evidence from calibration records of the breathalyzer machine to the officer’s training and observations.
We don’t just defend; we go on offense. When prosecutors push, we push back harder. When negotiation is the smarter move, we use our experience and leverage to strike the best possible deal.
Illinois Drunk Driving Charge Frequently Asked Questions
Can Police Arrest Me If I Refuse The Breathalyzer Test?
Yes. Refusing a test does not prevent an arrest. If the officer believes you are impaired based on field sobriety tests or other evidence, you can still be charged with DUI. The refusal will also result in an automatic driver’s license suspension.
Will Refusing A Breathalyzer Test Make It Harder For The State To Prove DUI?
Sometimes. Without a BAC result, prosecutors must rely on less reliable evidence, like officer testimony and video footage. However, refusal can also be presented as evidence that you knew you were intoxicated. A strong defense attorney can use the lack of scientific proof to your advantage while minimizing the impact of the refusal.
Can I Fight A Driver’s License Suspension After Refusing The Test?
Yes. You have the right to challenge the Statutory Summary Suspension by requesting a hearing within 90 days of your notice of suspension. At Edward Johnson & Associates, we aggressively contest these hearings and often expose procedural errors that can lead to reinstatement.
What Happens If I Fail The Breathalyzer Instead Of Refusing It?
Failing the test (BAC of 0.08 or higher) leads to a 6-month suspension for a first offense, which is shorter than the 12-month suspension for refusal. However, providing a test result also gives prosecutors scientific evidence that can strengthen their case. We assess each situation to determine whether refusing or submitting provides a better defense path.
Can The Police Force Me To Take A Breath Or Blood Test?
Generally, no — unless they obtain a warrant or certain emergency exceptions apply. The U.S. Supreme Court has ruled that forced blood draws without a warrant usually violate the Fourth Amendment. If this happens, our firm can move to suppress the test results and weaken the state’s case.
If I Refused The Test, Can I Still Win My DUI Case?
Absolutely. Many DUI cases are won because of police errors, improper procedures, or a lack of credible evidence. Refusal does not equal guilt. Our team builds a tailored defense strategy based on the facts, aiming to dismiss or reduce charges whenever possible.
Will A Refusal Affect My Insurance Or Record?
Yes. A refusal can appear on your driving record and may increase insurance premiums. However, avoiding a DUI conviction may still prevent harsher long-term consequences. Every case requires a careful strategy to balance these outcomes.
Call Edward Johnson & Associates Today
If you are facing a DUI charge or license suspension after refusing a breathalyzer test, you need defense attorneys who fight relentlessly and think strategically. At Edward Johnson & Associates, we combine courtroom aggression with tactical negotiation to protect your rights, your license, and your future.
Our firm serves clients throughout Chicagoland from our office in Chicago, Illinois. Contact our Chicago DUI lawyer at Edward Johnson & Associates P.C. by calling 708-762-8666 to receive your free consultation. Call a Chicago DUI defense lawyer who refuses to back down.