Can a DUI be Charged Without a Breath or Blood Test in Illinois?

Jul 23, 2026

Can a DUI be charged without a breath or blood test in Illinois? Attorney Joshua Boardman from Combs Waterkotte discusses everything you need to know about Illinois DUI criminal charges, including first-time DUI, second DUI, Illinois DUI laws, DUI defense strategies, CDL DUI charges, and more.

Combs Waterkotte is a leading criminal defense law firm serving Illinois and Missouri. Our Illinois defense attorneys will fight for your freedom and rights. If you are facing DUI charges anywhere in Illinois, we can help. Call us at (312) 500-HELP 24 hours a day, 7 days a week.

Interview Transcript

Scott Michael Dunn: Can a DUI be charged without a breath or blood test in Illinois?

Joshua Boardman: Yes, law enforcement can rely on circumstantial evidence. Did the law enforcement officer detect the scent of alcohol? Was your driving behavior erratic to where it could be supported or there’s a notion that you were driving under the influence? Did you consent to field sobriety testing like walking the line or ABC’s backwards and failed those? Or did you fail an eye tracing test? So there’s circumstantial evidence of this what we would call impairment or influence that can be derived without a breathalyzer test or a blood test.

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