Chicago Criminal Lawyer Blog
The Legal Gamble: What You Risk and What You Gain by Refusing a Breath Test in Illinois
The flashing red and blue lights behind you, the sound of your own heartbeat pounding in your ears, and a uniformed officer asking you to take a breath test—it’s a moment that can change your life. If you’ve found yourself in this situation in Chicago or anywhere in Illinois, you may be wondering whether refusing that breath test was the right move—or if it’s something you should do if it ever happens again.
The reality is this: refusing a breath test in Illinois isn’t a legal loophole or a “get out of jail free” card. But it also doesn’t automatically make things worse. Whether or not refusal is a good idea depends entirely on the facts surrounding the stop, your driving record, and how your defense attorney handles the case from the start.
