At Edward Johnson & Associates, we know what’s on the line when you’re stopped for suspected DUI in Illinois. The moment an officer asks you to take a breathalyzer, the clock starts ticking on decisions that can change your future. The state uses implied consent laws to pressure drivers into submitting to chemical testing. Refusing that test has serious consequences, and law enforcement counts on you not knowing your rights. We don’t let that happen.
Illinois law under 625 ILCS 5/11-501.1 states that by driving on Illinois roads, you’ve already given implied consent to submit to chemical testing if you’re lawfully arrested for DUI. Refusing to blow does not make the problem disappear. Instead, the Secretary of State will automatically suspend your driving privileges even if you are never convicted of DUI. The state uses that suspension as leverage, hitting you with penalties before you’ve had a chance to fight the actual charge.
A first refusal typically triggers a one-year statutory summary suspension. If you’ve refused before within five years, that suspension jumps to three years. During that time, you may not be eligible for a Monitoring Device Driving Permit unless you install a Breath Alcohol Ignition Interlock Device (BAIID) and meet strict conditions. Prosecutors can also use your refusal against you in court, suggesting you refused because you knew you were intoxicated.
On the federal level, drivers suspected of impaired driving involving controlled substances may face separate federal drug charges under 21 U.S.C. § 841 if illegal drugs are found in connection with the arrest. In these cases, refusal to test does not stop officers from obtaining a search warrant for blood or urine. We have seen prosecutors try to stack DUI charges with drug-related offenses to increase pressure on defendants. We know their tactics and fight to dismantle their case piece by piece.
We are aggressive in challenging the stop, the arrest, and every detail of the state’s case. If an officer lacked probable cause to stop you, we attack it. If procedures were not followed to the letter, we would expose it. Our job is to outthink and outwork the prosecution, forcing them to prove every element beyond a reasonable doubt. We know when to fight hard at trial and when to press for a deal that protects your license, your record, and your future.
Frequently Asked Questions About Refusing A Breathalyzer In Illinois
Can I Legally Refuse A Breathalyzer Test?
Yes, you can refuse, but Illinois law imposes automatic license suspensions under 625 ILCS 5/11-501.1. Even if you beat the DUI charge in court, the suspension stands unless it’s successfully challenged in an administrative hearing.
Will Refusing The Test Keep Me From Being Charged With DUI?
No. Officers can still arrest you based on other evidence, such as field sobriety tests, witness statements, or observed driving behavior. Refusal does not stop a DUI prosecution.
What Happens At A Statutory Summary Suspension Hearing?
You have the right to request a hearing to challenge your suspension. We examine whether the officer had probable cause, whether you were properly warned of the consequences, and whether testing was lawfully requested. If the state cannot meet its burden, we push to have the suspension rescinded.
Can The Police Force Me To Take A Test After I Refuse?
Officers can seek a warrant for blood or urine testing if they have probable cause. In DUI-drug cases involving suspected controlled substances under 21 U.S.C. § 841, warrants are often issued quickly to obtain chemical evidence.
How Does A Refusal Affect My Criminal Case?
Prosecutors can argue refusal shows consciousness of guilt, potentially influencing judges or juries. We counter this by showing legitimate reasons for refusal, such as medical concerns, distrust of faulty equipment, or confusion during the arrest.
Can I Get A Permit To Drive After A Refusal Suspension?
For a first refusal, you may qualify for a Monitoring Device Driving Permit if you install a BAIID and meet all court and state requirements. Repeat refusals within five years usually disqualify you from any relief for the suspension period.
What Are The Long-Term Consequences Of Refusing A Breathalyzer?
A refusal stays on your driving record and increases penalties for future DUI arrests. Repeat offenders face longer suspensions, harsher fines, and higher stakes in criminal court.
Call Edward Johnson & Associates For Aggressive DUI Defense In Chicago
At Edward Johnson & Associates, we fight DUI cases relentlessly because we know what’s at risk: your freedom, your license, and your future. We don’t back down from prosecutors or police who overstep the law. If you’ve refused a breathalyzer or are facing any DUI-related charges, contact our Chicago DUI defense attorney at Edward Johnson & Associates P.C. by calling 708-762-8666 to receive your free consultation. Our office in Chicago represents clients across the entire Chicagoland metro, and we are ready to protect your rights from day one.