Illinois · DUI · Checked October 2026

Refusing a Breath or Blood Test in Illinois

Refusing a Breath or Blood Test in Illinois: What Are the Rules?

What happens if you refuse a breath or blood test in Illinois.

Refusal penalty
Statutory summary suspension of 12 months for a first offender or 3 years otherwise, starting on the 46th day after notice; CDL holders are also disqualified from commercial driving
License suspension for refusing
12 months (first offender); 3 years (not a first offender); revocation if the refusal involved a crash causing personal injury or death
Deadline to challenge
90 days

Refusal Penalties in Illinois

statutory summary suspension of 12 months for a first offender or 3 years otherwise, starting on the 46th day after notice; CDL holders are also disqualified from commercial driving625 ILCS 5/11-501.1(c), (g); 625 ILCS 5/6-208.1(a)(1), (a)(3)

Official source: refusal penalties (Illinois)

License Suspension for Refusing in Illinois

12 months (first offender); 3 years (not a first offender); revocation if the refusal involved a crash causing personal injury or death625 ILCS 5/2-118.1(b); 625 ILCS 5/11-501.1(g); 625 ILCS 5/6-208.1(a)

Official source: license suspension for refusing (Illinois)

More on DUI Law in Illinois

See the full overview of DUI laws in Illinois and read about implied consent laws in every state.

This page summarizes Illinois law from official sources, checked October 2026. It isn't legal advice; a lawyer licensed in Illinois can advise on your case.

Frequently Asked Questions

What Happens if You Refuse a Breath Test in Illinois?

statutory summary suspension of 12 months for a first offender or 3 years otherwise, starting on the 46th day after notice; CDL holders are also disqualified from commercial driving

How Long Is the Suspension for Refusing?

12 months (first offender); 3 years (not a first offender); revocation if the refusal involved a crash causing personal injury or death

Sources

  1. Implied consent: 625 ILCS 5/11-501.1(c), (g); 625 ILCS 5/6-208.1(a)(1), (a)(3)
  2. License suspension and hearing: 625 ILCS 5/2-118.1(b); 625 ILCS 5/11-501.1(g); 625 ILCS 5/6-208.1(a)

dui.help is an independent guide, not a law firm or a government agency, and doesn't give legal advice. For advice on your case, talk to a lawyer licensed in your state; your state bar can refer you, and if you can't afford a lawyer, ask the court about a public defender.