Police can charge you for DUI without a breath test in Illinois. They can build a case using their own observations, physical tests, and other evidence gathered at the scene. Refusing a breath test does not make a DUI charge go away. In fact, it can sometimes make things more complicated. Understanding how the State builds these cases is one of the first steps toward building a strong defense. If you are facing a DUI charge in 2026, our Kane County, IL DUI defense lawyer has over 20 years of legal experience and can help you understand how to fight the charge against you.
How Do Illinois Police Build a DUI Case Without a Breath Test?
When a breath test is not available, or a driver refuses one, police rely on everything else they observed from the moment they pulled the car over. That includes how you were driving before the stop, how you looked and acted during the stop, how you performed on field sobriety tests, and any other evidence collected at the scene.