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)
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)
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