What Happens When You Refuse a DUI Test in Illinois?

The Truth About Implied Consent and Your License

Many drivers in Chicago believe that refusing a breath or blood test during a DUI arrest gives them an edge. Some think no test equals no case. But under Illinois law, the decision to refuse chemical testing has serious and automatic consequences—even if you’re never convicted of DUI. That’s because of a rule called implied consent, and if you drive on Illinois roads, it applies to you whether you realize it or not.

At The Law Offices of David L. Freidberg, we’ve defended countless clients who made the decision to refuse testing and were shocked by what happened next. Their licenses were suspended, their jobs were at risk, and they were fighting not one—but two—legal battles at once.

Here’s what you really need to know if you refused a DUI test in Illinois.

Driving in Illinois Means You’ve Already Given Consent

Under Illinois’s implied consent law, the moment you operate a motor vehicle on a public roadway, you are considered to have given advance consent to submit to chemical testing—including breath, blood, or urine—if you’re arrested for DUI.

That law is written into 625 ILCS 5/11-501.1, and it is strictly enforced throughout the state, especially in Cook County. If a police officer arrests you for DUI based on probable cause and requests that you take a test, your refusal activates automatic administrative penalties from the Illinois Secretary of State.

This process is called a statutory summary suspension, and it does not require a criminal conviction to take effect.

Refusing the Test Triggers a Suspension—No Matter What Happens in Court

When you refuse chemical testing, the arresting officer will file a sworn report with the Secretary of State and issue a notice of statutory summary suspension. That suspension goes into effect 46 days after your arrest, unless it’s successfully challenged in court.

The length of the suspension depends on whether this is your first DUI-related offense:

First offense refusal: 12-month license suspension
Second offense refusal within 5 years: 36-month license suspension

These suspensions are longer than the ones imposed if you had taken and failed the test, where the length typically ranges from 6 to 12 months. And unlike court-imposed license penalties, these suspensions come from the Secretary of State—not the judge handling your criminal case. You could beat your DUI in court and still lose your license due to the refusal.

Why Refusing the Test Can Actually Make the Prosecutor’s Job Easier

Many people assume that refusing the test helps them avoid evidence being used against them. While it’s true that there won’t be a BAC result entered into evidence, prosecutors don’t need that number to win a conviction.

They’ll instead focus on:

The officer’s testimony about your driving behavior
Your speech, balance, eye movement, and coordination
Your performance on field sobriety tests
Dashcam or bodycam footage from the stop
Any statements you made to police
The refusal itself, which they’ll argue shows guilt

In fact, prosecutors often tell jurors: “If the defendant wasn’t intoxicated, why didn’t he take the test?” The refusal becomes a key part of their narrative, not a defense.

How We Handle Refusal Cases in Cook County and Beyond

Refusal cases require a two-part defense strategy. At The Law Offices of David L. Freidberg, we immediately take steps on both fronts:

Challenge the summary suspension by filing a petition to rescind
Prepare for the criminal DUI trial to contest the underlying charge

To fight the suspension, we can raise several issues:

The officer had no legal reason to stop you in the first place
There was no probable cause to arrest you
The officer didn’t properly inform you of the consequences of refusing
You never actually refused, or the refusal was unclear or involuntary

We file motions, demand discovery, obtain dashcam and bodycam footage, and analyze police reports for inconsistencies. Many times, we’re able to show that the officer failed to follow proper procedures, and that leads to the suspension being rescinded—and sometimes, the DUI charge being dismissed entirely.

Example: Improper Warning at the Station Leads to Reversal

We defended a man in suburban Chicago who was arrested after a minor accident in Oak Lawn. He was taken to the station and asked to take a breath test. English wasn’t his first language, and although he was cooperative, he appeared confused and asked to call a lawyer before answering. The officer marked it as a refusal.

We filed a petition to rescind and argued that the refusal was not clear and voluntary because the officer did not properly explain the consequences under 625 ILCS 5/11-501.1(c). The judge agreed. The suspension was overturned, and later, the DUI charge was reduced to reckless driving.

Without legal action, that man would have lost his license for a full year and likely suffered a conviction he didn’t deserve.

The Long-Term Fallout From Refusing a DUI Test

The administrative suspension is only the beginning. A refusal on your record affects:

Insurance: Your rates can skyrocket—or your policy could be canceled entirely
Employment: Jobs that require driving or background checks could be at risk
Professional Licenses: Nurses, teachers, CDL drivers, and others can face discipline
Future DUIs: Refusals stay on your driving abstract and can increase penalties later
Driving Privileges: Reinstatement requires a hearing with the Secretary of State, drug/alcohol evaluation, and sometimes a BAIID device

In other words, refusal isn’t just a temporary setback—it’s a red flag that follows you for years.

What Are Your Legal Rights If You Refused?

If you refused a chemical test, you still have legal rights—but you must act quickly. The first thing we do is file a petition to rescind your statutory summary suspension. This is a civil case, separate from your DUI, but it must be filed promptly. If you wait too long, you waive your right to contest the suspension.

At the hearing, we can challenge:

The legality of the stop
The basis for the arrest
Whether you were properly warned about refusal consequences
Whether your behavior truly constituted a refusal

You also have the right to fight your DUI charge in criminal court. That case may involve different evidence and outcomes. But even if the criminal case is dismissed, the license suspension still remains—unless the court rules on your rescission petition.

Can You Still Drive After a Refusal?

If this is your first DUI offense and you’re otherwise eligible, you may qualify for a Monitoring Device Driving Permit (MDDP). This allows you to drive during the suspension, but only with a BAIID (Breath Alcohol Ignition Interlock Device) installed in your vehicle.

For second offenses or refusals, this option is often not available. The law is harsher on repeat cases, and driving privileges may be fully revoked for years.

Do You Need a Lawyer If You Refused the Test?

Yes—more than ever. A DUI case that includes a refusal involves two legal battles at once: the administrative suspension and the criminal charge. You need an attorney who knows how to handle both and understands the nuances of implied consent law.

At The Law Offices of David L. Freidberg, we don’t just try to “cut a deal.” We fight. We scrutinize every detail, from how the traffic stop occurred to how the implied consent warnings were given. We’ve won rescission hearings, suppression motions, and trials for clients across Cook, DuPage, Will, and Lake Counties.

If you refused the test, you’re not out of options—but you must act now.

Arrested for DUI and Refused the Test? Don’t Wait.

The clock is ticking. Your license will be suspended automatically if you don’t challenge it. Evidence is being collected. Prosecutors are already building their case.

When You Need a Fighter, Call Us

Whether you’re charged in downtown Chicago, Skokie, Maywood, Bridgeview, or Rolling Meadows, we’re ready. We appear regularly in courtrooms throughout Cook, DuPage, Will, and Lake Counties. And we don’t treat aggravated speeding as just another moving violation.

If you were arrested in Chicago, 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.