Here’s What You’re Really Facing
Imagine this: you’re pulled over late at night in Chicago, an officer asks if you’ve had anything to drink, and then wants you to step out of the car for field sobriety testing. You decline. Next, they ask you to blow into a breathalyzer. You decline again. Minutes later, you’re placed under arrest. If you’ve been in this situation, you know the fear and confusion that follows. What you may not know is that you can still be charged—and convicted—of DUI in Illinois even if you refused everything.
Illinois law gives prosecutors broad discretion to pursue DUI charges based on an officer’s observations alone. Refusing all tests doesn’t end the investigation—it just changes the evidence the State will rely on. In fact, many DUI cases that result in convictions involve no test results at all. And unless you take legal action quickly, the consequences can hit hard.
Can You Be Charged With DUI After Refusing Field Sobriety and Breath Tests?
Absolutely. Illinois law under 625 ILCS 5/11-501 makes it clear that DUI charges do not require chemical test results. While a breath, blood, or urine test showing a BAC of 0.08% or higher provides strong evidence for the prosecution, it’s not the only way to prove impairment.
If an officer believes you were under the influence of alcohol or drugs to the point that you were unsafe to drive, they can—and often will—file charges even if you refuse field sobriety tests and chemical tests. The officer’s testimony becomes the centerpiece of the State’s case. They’ll describe how you looked, how you talked, how you walked, and what you said.
And while you may have refused the tests to avoid incriminating yourself, your refusal may be used as evidence at trial. Prosecutors frequently argue that a driver who refuses tests is trying to hide their intoxication. It’s not always a fair assumption—but it’s one you must be prepared to counter with an aggressive defense.
What Happens to Your Driver’s License When You Refuse Testing?
One of the harshest realities of refusing DUI tests in Illinois is that your driver’s license can be suspended—whether or not you’re convicted. This is because Illinois operates under an implied consent law, found in 625 ILCS 5/11-501.1. That statute states that if you are lawfully arrested for DUI, you are deemed to have already given consent to chemical testing.
If you refuse the breathalyzer or blood test, the Secretary of State will automatically suspend your license for 12 monthson a first offense. If you’ve previously refused or been convicted of DUI in the past five years, the suspension jumps to three years.
This suspension is known as a statutory summary suspension, and it kicks in 46 days after your arrest—unless your attorney files a petition to rescind and successfully challenges the basis of the suspension. This hearing is separate from your criminal case, and it must be requested promptly. If you miss the deadline, your license will be suspended automatically, even if you are found not guilty in court.
How Prosecutors Build DUI Refusal Cases in Chicago
When you refuse all tests, prosecutors in Cook County and across Illinois must rely heavily on the arresting officer’s testimony and any video evidence from the traffic stop. That evidence usually includes:
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Dashcam footage from the squad car
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Bodycam video from the arresting officer
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Witness statements (if any)
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The officer’s report describing your behavior and appearance
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Audio from police radio or squad car conversations
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Any admissions you made, such as saying you had a drink
Police reports often follow a pattern. The officer may write that you had bloodshot eyes, smelled of alcohol, fumbled for your wallet, and were unsteady on your feet. These observations are subjective, and an experienced DUI attorney knows how to challenge them in court. In some cases, video footage may contradict the officer’s account, showing that you appeared calm, polite, and steady—despite what the report claims.
The Criminal Consequences of a DUI Conviction After Refusal
Just because you refused testing doesn’t mean the penalties are less severe. If you are convicted of a first-time DUI in Illinois—even without a test result—you face the same maximum penalties:
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Up to 364 days in jail
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Fines up to $2,500
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Mandatory DUI education or treatment
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Community service hours
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Loss of driving privileges
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A permanent criminal record
If this is a second offense, or if you were driving without a valid license or had a child in the car, you may be charged with aggravated DUI, which is a felony punishable by prison time and extended license revocation.
Many drivers who refuse all tests end up surprised by how aggressively the case is prosecuted. The officer’s word carries weight, and unless you mount a serious defense, the court may assume you had something to hide.
How a DUI Lawyer Can Help You Turn the Case Around
The moment you’re charged with DUI—especially in a refusal case—your first call should be to a DUI attorney. A qualified lawyer will help you fight the statutory summary suspension, challenge the basis for your arrest, and develop a defense tailored to your specific facts.
Your attorney may be able to show:
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That the traffic stop was unlawful
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That the officer lacked probable cause to arrest you
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That the refusal was due to confusion or fear, not guilt
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That your physical behavior was not consistent with impairment
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That the officer failed to follow proper procedures during the stop or arrest
A lawyer can also work to secure alternative outcomes. For first-time offenders, court supervision is sometimes available. This allows you to avoid a conviction and keep your record clean, as long as you meet certain conditions. However, supervision is discretionary and not guaranteed—especially if the prosecution argues that your refusal reflects non-cooperation.
The sooner a lawyer begins working on your case, the more options you’ll have.
Is There Any Benefit to Refusing Tests?
There can be. In some cases, refusing the breathalyzer or field sobriety tests may limit the evidence the State can use against you. If your lawyer can suppress other evidence—such as a traffic stop that lacked probable cause—the prosecution may be left with very little to proceed with.
But refusing tests comes at a cost: your driver’s license. The longer suspension period and the presumption of impairment can make your defense harder. That’s why refusing isn’t a silver bullet—but with a knowledgeable attorney, it may still be the lesser of two evils depending on your situation.
What to Do If You’re Facing DUI Charges After Refusing All Tests
First, don’t plead guilty. Many people assume that refusing means they’re automatically going to lose in court. That’s not true. In fact, refusal-based DUIs are often more defensible than cases where the State has test results.
Next, contact an experienced DUI attorney right away. Your attorney can:
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File a petition to fight your license suspension
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Review and challenge the officer’s report
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Request video evidence from the stop
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Develop defenses to use in pretrial motions or trial
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Represent you in both administrative and criminal proceedings
Time is critical. You have only 90 days to request a rescission hearing to contest your license suspension. Don’t wait to take action.
Call Now – The Law Offices of David L. Freidberg Is Ready to Help
If you were arrested in Chicago for DUI, protect your future by contacting The Law Offices of David L. Freidberg. We have decades of experience handling DUI cases in Illinois. Our firm is available 24/7 to provide the legal defense you deserve.
Contact us today at (312) 560-7100 or toll-free at (800) 803-1442 for a free consultation. We’re available 24/7 to serve clients throughout Illinois, Cook County, DuPage County, Will County, and Lake County.