Refused a Breathalyzer in Illinois? Know the Penalties
TL;DR: In Illinois, refusing a post-arrest evidentiary breath test (or other chemical test) can trigger a statutory summary suspension under the implied-consent law, separate from the criminal DUI case. A refusal is commonly 12 months for a first implied-consent event and can be 36 months if you have a qualifying prior statutory summary suspension or DUI-related revocation within the last 5 years. The suspension generally takes effect on the 46th day after notice is given. Deadlines to challenge the suspension can be tight. Contact a lawyer to review your paperwork and options.
Breath test refusal in Illinois: the big picture
Illinois is an implied-consent state. If you are arrested for DUI and an officer requests an evidentiary chemical test (often a breath test), refusing the requested test can trigger an administrative driver’s license sanction called a statutory summary suspension. This license action is generally separate from the criminal DUI case. See 625 ILCS 5/11-501.1.
Refusal penalties: statutory summary suspension (separate from the DUI case)
For many drivers, the most immediate consequence of refusal is a summary suspension of driving privileges under 625 ILCS 5/11-501.1. Commonly cited suspension lengths include:
- Refusal: typically 12 months if you do not have a qualifying prior statutory summary suspension or DUI-related revocation within the last 5 years; typically 36 months if you do. See 625 ILCS 5/11-501.1(g).
- Submitting to testing and having an unlawful result: commonly 6 months (or 12 months with a qualifying prior within 5 years). See 625 ILCS 5/11-501.1(g).
The suspension does not necessarily start the same day as the arrest. Under the statute, it generally takes effect on the 46th day after the notice is given. See 625 ILCS 5/11-501.1(g).
Important: Every case is fact-specific. Prior history, paperwork, and how the stop, arrest, and testing request occurred can affect the outcome.
“Roadside breath test” vs. post-arrest breath test: why it matters
People often use “breathalyzer” to describe different tests:
- Preliminary Breath Test (PBT) at the roadside: typically used as a screening tool during an investigation. Illinois authorizes PBT use in DUI investigations. See 625 ILCS 5/11-501.5.
- Evidentiary chemical test after arrest: the test request tied to implied-consent warnings and the statutory summary suspension process. See 625 ILCS 5/11-501.1.
If you are unsure what you refused (or whether you refused at all), your citation and the officer’s warning and notice documents are often the best starting point.
Refusal can affect more than your license
A refusal does not necessarily prevent the State from trying to prove impairment using other evidence, such as driving behavior, officer observations, field sobriety tests, video, and witness testimony.
Refusal can also affect practical options during a suspension. For example, some drivers may qualify for a Monitoring Device Driving Permit (MDDP) in certain circumstances (often requiring a breath alcohol ignition interlock device). See 625 ILCS 5/6-206.1.
Commercial drivers and other special situations
If you hold a Commercial Driver’s License (CDL), DUI-related events can have additional and job-impacting consequences, including potential CDL disqualification rules that are separate from standard license penalties. See 625 ILCS 5/6-514. Because these cases are highly fact-dependent, individualized legal advice is especially important.
Can you fight a refusal-based license action?
In many cases, there is a process to ask a court to rescind (undo) the statutory summary suspension. Illinois provides procedures and timelines for petitions to rescind and related hearings. See 625 ILCS 5/2-118.1.
Issues a lawyer often evaluates include:
- Whether the stop and arrest were lawful under the circumstances;
- Whether the required implied-consent warnings and notice were properly given;
- Whether the refusal was clear and knowing, or whether there were medical, language, or other complications.
Tip: protect your defense by documenting details early
Tip: As soon as you can, write down what happened in order (time, location, what the officer said about testing, and what you said or did). Small details can matter when evaluating whether the implied-consent process was handled correctly.
Checklist: what to do next after a refusal
- Gather paperwork: citations, the officer’s warning and notice, bond sheet, towing and impound documents.
- Preserve potential video: dashcam, bodycam, and nearby business footage can be overwritten quickly.
- Confirm key dates: note when you received the summary suspension notice and when the suspension is set to begin.
- Ask about rescission: deadlines to request a hearing can be time-sensitive. See 625 ILCS 5/2-118.1.
- Get legal help promptly: schedule a consultation to review the stop, the arrest, and your implied-consent paperwork.
FAQ
Does refusing the breath test mean I cannot be convicted of DUI?
No. The State may still try to prove impairment through other evidence, including driving behavior, observations, field sobriety tests, video, and witness testimony.
When does the statutory summary suspension start?
Under the statute, it generally takes effect on the 46th day after the notice is given. See 625 ILCS 5/11-501.1(g).
Is a roadside “PBT” the same as the post-arrest breath test?
Not usually. The PBT is typically a screening tool during the investigation, while the post-arrest evidentiary test is the one tied to implied-consent warnings and the summary suspension process. See 625 ILCS 5/11-501.5 and 625 ILCS 5/11-501.1.
Can I get driving relief during a suspension?
Some drivers may qualify for an MDDP in certain circumstances. See 625 ILCS 5/6-206.1. Eligibility depends on your facts and record.
What should I do if I received a summary suspension notice?
Do not ignore it. Consider speaking with a lawyer quickly to review your notice and whether a petition to rescind is appropriate. Contact us to discuss next steps.
Illinois-specific disclaimer
This article provides general information about Illinois law and is not legal advice. DUI and implied-consent outcomes depend on the facts, your driving history, and changing laws and procedures. Reading this article does not create an attorney-client relationship. If you were arrested for DUI or received a statutory summary suspension notice in Illinois, consult a qualified Illinois attorney promptly.