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.