Should You Refuse a Breathalyzer in Illinois?
Picture this: You’re driving home after a night out when suddenly, flashing red and blue lights appear in your rearview mirror. Your heart sinks as you pull over, hoping this will be a quick stop.
The officer approaches and asks the dreaded question:
"Have you been drinking tonight?"
You’re honest. "Just a couple earlier," you say.
Then comes the next question:
"Will you take a breathalyzer test?"
At this moment, you might be wondering—do you have to comply, or can you refuse?
Understanding Illinois’ Implied Consent Law
In Illinois, the law states that by simply driving on public roads, you give implied consent to blood alcohol content (BAC) testing. However, there’s a major catch—this consent only applies if you’ve already been arrested for DUI.
Before Arrest: You have no legal obligation to take a breathalyzer test. The officer may try to pressure you, but legally, you can refuse without immediate penalties.
After Arrest: Everything changes. Refusing a BAC test post-arrest leads to automatic driver’s license suspension, even if you’re never convicted of DUI.
What Happens If You Refuse a Breathalyzer?
Before Arrest:
The officer might become more determined to justify an arrest.
They could ask you to perform field sobriety tests, which you can also refuse without immediate consequences.
They will observe you closely for slurred speech, trouble balancing, or delayed responses—any signs of impairment that could lead to an arrest.
After Arrest:
Refusing a breathalyzer triggers an automatic driver’s license suspension:
1-year suspension for a first offense
3-year suspension if it’s your second refusal within 5 years
However, a failed breath test also leads to a suspension:
6-month suspension for a first-time failure
1-year suspension for a second failure within 5 years
A failed test gives prosecutors hard evidence against you in court, while refusal may make it harder to prove DUI charges.
So, Should You Refuse a Breathalyzer?
Refusing a breathalyzer could be the right choice—but it depends on your situation.
If you believe your BAC is well over the legal limit, refusing prevents prosecutors from using concrete evidence against you.
If your main concern is avoiding a DUI conviction, a license suspension might be worth the trade-off.
However, keep in mind that officers can still arrest you based on other observations, and prosecutors may use your refusal against you in court.
Protect Yourself—Know Your Rights
Whether you take the test or refuse, the most important step is to contact an experienced DUI defense attorney immediately. A lawyer can:
Challenge the traffic stop and arrest
Fight to reduce or dismiss the charges
Help you get your license reinstated
Don’t face DUI charges alone. If you’ve been pulled over or arrested, talk to a Lake County DUI attorney, Alan Lenczycki, ASAP to protect your rights and your future. Contact him for a FREE initial consultation.
