Refusing an evidentiary breath test in Illinois triggers 625 ILCS 5/11-501.1 Statutory Summary Suspension consequences. A first-offender who refuses faces a 12-month suspension; a non-first-offender faces 36 months. Refusal also blocks MDDP eligibility for repeat offenders and can be introduced at the criminal trial as consciousness of guilt. There is no criminal penalty for refusal beyond the suspension and evidentiary use. Refusal of a Portable Breath Test carries no suspension because the PBT is voluntary. Choosing whether to refuse is case-specific; there is no universal right answer. A Chicago DUI lawyer analyzes the tradeoff based on BAC likelihood, prior record, and license needs.
