Can I Still Be Charged With DUI if I Refused the Breathalyzer?

 Posted on July 20, 2025 in DUI Defense

If you refused the breathalyzer test after being pulled over on suspicion of drunk driving, you may wonder whether that decision will prevent driving under the influence (DUI) charges. Unfortunately, the answer is no. Prosecutors can still charge you with DUI even if you decline chemical testing.

As of July 2025, Illinois law allows DUI cases to move forward based on officer observations, field sobriety tests, and other evidence, even without a breath test result. If you were arrested and refused the breathalyzer, you still need a strong legal defense to protect your rights and driving privileges. Speak with a Cook County, IL criminal defense lawyer to understand your options.

How Can I Be Charged With DUI Without a BAC Result?

In Illinois, you can be charged with DUI in two main ways. The first is by showing that your blood alcohol concentration (BAC) was 0.08 percent or more, which typically requires a breath, blood, or urine test. But the second way does not rely on chemical testing at all. Under 625 ILCS 5/11-501(a)(2), you can also be charged with DUI if you were under the influence of alcohol to the degree that it affected your ability to drive safely.

If you refused the breath test, the arresting officer might still cite other indicators of impairment, including:

• Erratic or unsafe driving before the stop

• Slurred speech or the smell of alcohol

• Red or glassy eyes

• Poor performance on field sobriety tests

• Your behavior or statements during the stop

All of this can be used as evidence against you in court, even if there is no confirmed BAC.

What Happens After I Refuse the Breathalyzer?

Refusing a breathalyzer test in Illinois triggers an automatic license suspension under the state’s implied consent law. If this was your first DUI-related arrest and you refused chemical testing, you face a 12-month statutory summary suspension of your driver’s license. This is separate from any criminal DUI penalties and begins 46 days after the arrest unless challenged in court.

If you have prior DUI arrests or test refusals, the suspension can last even longer. You may be eligible for a Monitoring Device Driving Permit (MDDP), but you must meet all the requirements and have a Breath Alcohol Ignition Interlock Device (BAIID) installed in your vehicle.

Can Refusing the Breath Test Help My Case?

Some people believe refusing the test will make it harder for the prosecutor to prove DUI. In practice, that depends entirely on the details of your case. Refusal eliminates a BAC result, but juries are allowed to consider the refusal itself as evidence that you may have been impaired.

Because DUI law in Illinois is complex and fact-specific, you should speak with an experienced defense attorney as soon as possible. A lawyer can review the traffic stop, the arrest, and any available footage or testimony to determine whether your rights were violated and whether the charges can be reduced or dismissed.

Contact a Chicago, IL DUI Defense Lawyer

If you refused the breathalyzer and were charged with DUI, contact a Cook County, IL DUI defense attorney at Luisi Legal Group for help protecting your license and your future. With over 16 years of experience and daily appearances in Chicago criminal courts, Mr. Luisi can build a strategic, evidence-backed defense on your behalf. Call 773-276-5541 for a free consultation today.