Technically, yes, you can refuse to take a breathalyzer test. However, there is some confusion on whether or not this refusal can lead to a license suspension. Ultimately, it depends on what type of breathalyzer test was requested, and where this request occurred.
At a traffic stop, officers will typically use a handheld portable breath test (PBT). This is voluntary, and refusing this test usually has no consequences for your license unless you are under 21 or a commercial driver’s license holder. The chemical breathalyzer used at the police station after an arrest, however, is different. Under Illinois’ implied consent laws, refusing this test will trigger an automatic license suspension.
You can refuse a portable breath test (PBT)
When an officer asks a driver to undergo a PBT during a traffic stop, this is often a part of a field sobriety test or a preliminary roadside test. Under Illinois law, not consenting to this type of sobriety test is not an automatic ground for license suspension.
However, a refusal does not necessarily prevent an arrest. An officer may use other observations to establish “probable cause” for an arrest, such as:
- Mumbled or incoherent responses to questions
- A noticeable smell of alcohol during the initial interaction
- Swerving or failing to maintain a single lane of traffic
- Failing other field sobriety tests such as the walk-and-turn or the one-leg stand
When a driver is under arrest and taken to a facility, they may have to undergo chemical testing.
Refusing chemical testing can have consequences
Implied consent simply means that, by operating a motor vehicle on public roads in Illinois, the law deems that a driver has consented to chemical testing – including breath, blood or urine tests – after a lawful arrest. The consequences of refusing can be even more severe than the penalties for failing it.
For example, if a driver qualifies as a “first offender,” meaning they have no DUI-related suspensions, convictions or court-ordered supervisions in the past five years, a failed test can result in a six-month suspension of their license. Refusing to undergo chemical testing after an arrest, however, can result in a 12-month suspension.
Understand the circumstances surrounding the test
In Illinois, drivers have the right to refuse breathalyzer tests at a traffic stop, and this usually does not lead to a license suspension. However, refusing to undergo a chemical test after a lawful arrest does. If you are facing DUI charges and are uncertain about how a refusal may affect your license, an experienced legal professional can provide advice based on the specifics of your case.