Chicago Criminal Lawyer Blog
The Legal Reality Behind “Implied Consent” in Illinois
In Chicago, drivers are often shocked to learn that saying “no” to a breath test does not end a DUI investigation. Illinois has an implied-consent law, meaning that by accepting a state driver’s license, you have already agreed to submit to chemical testing when a police officer has probable cause for a DUI arrest. The rule comes from 625 ILCS 5/11-501.1, and its effect is immediate: refusal equals automatic license suspension, even if you are later found not guilty of DUI in criminal court.
In practice, this system gives Chicago police tremendous leverage. The moment you refuse, they can file a sworn report that triggers a Statutory Summary Suspension through the Illinois Secretary of State. For a first refusal, the suspension lasts one year; for a second within five years, it lasts three. The process is administrative, not criminal, so guilt or innocence in court doesn’t automatically restore your license. The only way to challenge it is by filing a Petition to Rescind within the short window allowed by statute.
