What Happens If You Refuse a Breathalyzer in Illinois?

Refusing a breathalyzer in Illinois after a DUI arrest triggers an automatic 12-month driver’s license suspension on a first offense, three years if you have a prior DUI-related offense. The suspension is a civil penalty imposed by the Secretary of State and applies whether or not you’re ever convicted of DUI. The refusal itself can also be used against you as evidence at your criminal trial, and you still face the underlying DUI charge.¹

How Long You Lose Your License

Illinois doubles the suspension for refusing compared to taking the test and failing. The exact length depends on your record:

First offender, refusal: 12 months
First offender, failed test (BAC 0.08 or above): 6 months
Repeat offender, refusal: 3 years
Repeat offender, failed test: 1 year

A repeat offender is anyone with a prior DUI-related offense on their record.²

If the DUI arrest involved a crash that caused injury or death to someone else, a refusal triggers a statutory summary revocation rather than a suspension. A revocation is considerably harder to undo than a suspension.²

When the Suspension Starts

You don’t lose driving privileges the moment you refuse. The statutory summary suspension takes effect on the 46th day after the officer serves you with the notice.¹ That 45-day window is your time to file a challenge, apply for a driving permit, and plan for life without a license. Do nothing and the suspension starts automatically on day 46.

The Roadside Breath Test Is Different

Not every breath test carries these consequences. The handheld device an officer uses at the side of the road during a traffic stop is a Preliminary Breath Screening Test (PBT), and it’s voluntary. The statute itself says “the person may refuse the test,” and declining a roadside PBT does not trigger any automatic license suspension.³

The implied consent penalties apply only to the evidentiary chemical test the officer requests after a lawful DUI arrest, usually at a police station. That is the test where refusal triggers the 12-month or 3-year suspension. An officer can still arrest you based on other signs of impairment after you decline a roadside PBT, and then request the post-arrest evidentiary test.

How Refusal Affects the Criminal Case

Refusing does not make the DUI charge disappear. It removes one piece of evidence, your BAC number, but Illinois law allows the refusal itself to be introduced at your criminal trial. Prosecutors typically argue that you refused because you knew you were over the limit.¹

Without a BAC result, the state builds its case on the officer’s observations of your driving, your appearance and behavior, your performance on field sobriety tests, and anything you said during the stop. A jury weighs all of that alongside your refusal.

A first-offense DUI is a Class A misdemeanor carrying up to 364 days in jail plus fines. If other evidence proves your BAC was 0.16 or higher, Illinois adds a mandatory minimum of 100 hours of community service and a $500 fine.⁴

Challenging the Suspension

You can fight the summary suspension by filing a petition to rescind in the circuit court handling your DUI case. The deadline is 90 days from the date you were served with the suspension notice. Miss it and the right is gone.⁵

The hearing is narrow. The judge is not deciding whether you’re guilty of DUI. The court looks at whether you were lawfully arrested for DUI, whether the officer had reasonable grounds to believe you were impaired, and whether you were properly warned before refusing. If the officer skipped the required “Warning to Motorist” or botched another step, the court can throw out the suspension.⁵

Winning usually turns on identifying specific procedural errors in the officer’s actions or paperwork, which is why most people hire a DUI defense attorney for this stage.

Driving During the Suspension

First-time offenders are not necessarily stuck without any way to drive for the full 12 months. Illinois issues a Monitoring Device Driving Permit (MDDP) that lets you drive at any time and to any location during the suspension.⁶

The condition is a Breath Alcohol Ignition Interlock Device (BAIID) installed on your vehicle within 14 days of the permit being issued. You blow into the device before the car will start, and it won’t start if alcohol is detected. If the Secretary of State doesn’t receive confirmation of installation within that 14-day window, the MDDP is cancelled.⁶

Repeat offenders do not qualify. Neither do drivers whose license is otherwise invalid, those whose DUI arrest involved a crash causing death or great bodily harm, those with prior convictions for reckless homicide or aggravated DUI involving death, or anyone under 18.⁶

What It Costs

The suspension is only the first expense. The BAIID lease runs about $3 per day, with installation of $50 to $150 and additional fees for required monthly calibrations and eventual removal. Across a 12-month suspension, the device alone comes to roughly $1,100 to $1,300.

Reinstating your license at the end of the suspension costs $250 for a first offense or $500 for multiple offenses, and you’ll need to clear any other suspensions or revocations on your record first.⁷

Depending on the case, you may also be required to carry SR-22 financial responsibility insurance for three years after reinstatement. SR-22 is a certificate your insurer files with the state confirming minimum liability coverage, and a lapse triggers notification to the state and possible loss of driving privileges again.⁸ Regular premiums usually rise sharply after a DUI-related suspension as well.

Defending the criminal DUI charge typically runs $2,000 to $5,000 in attorney fees for a straightforward first offense, more if aggravating factors are involved. Add the BAIID, reinstatement, insurance increases, and legal fees together and a refusal followed by a DUI case can easily reach $10,000 before any court-imposed fines or penalties.

1
Illinois General Assembly. Illinois Code 625 ILCS 5/11-501.1 – Suspension of Drivers License; Implied Consent
2
Illinois General Assembly. Illinois Code 625 ILCS 5/6-208.1 – Statutory Summary Suspension or Revocation
3
Justia Law. Illinois Code 625 ILCS 5/11-501.5 – Preliminary Breath Screening Test
4
Illinois General Assembly. Illinois Code 625 ILCS 5/11-501 – Driving Under the Influence
5
Illinois General Assembly. Illinois Code 625 ILCS 5/2-118.1 – Judicial Hearings for Statutory Summary Suspension or Revocation
6
Illinois General Assembly. Illinois Code 625 ILCS 5/6-206.1 – Monitoring Device Driving Permit
7
Illinois Secretary of State. Reinstatement of Driving Privileges
8
Illinois Secretary of State. Financial Responsibility (SR-22) Insurance