Chicago Criminal Lawyer Blog
If you were pulled over in Chicago and refused a breath test, you’re probably wondering if that decision made things worse—or if it gave you an edge. I’ve had many clients throughout Chicago—from Hyde Park to Lincoln Park—ask me the same thing after being arrested for DUI: “Can I still fight the license suspension even though I refused the test?”
The short answer is yes, but the process moves fast—and the consequences are serious.
Under Illinois’ implied consent law (625 ILCS 5/11-501.1), any person who drives or is in actual physical control of a motor vehicle on public roads is deemed to have consented to chemical testing. That means if you refuse a breath, blood, or urine test after a lawful DUI arrest, your driver’s license is automatically suspended—even before you go to court.
