If a police officer stops you for suspected driving under the influence (DUI), you might be asked to undergo a field sobriety test. At this point, you will not be under arrest. However, police officers use these tests to collect evidence. This evidence can later be used against you in a DUI case.
It’s important to understand that field sobriety tests are subjective and often open to interpretation. In some cases, it may be in your best interest to refuse a field sobriety test. However, refusing can still lead to your arrest and may impact your defense strategy.
At Johnson & Goldrich, P.C., our experienced license reinstatement attorneys have successfully helped clients restore their driving privileges after DUI charges. If you have been arrested for impaired driving, contact us immediately. We can help defend your rights to get you back on the road as soon as possible.
For further information on field sobriety tests in Illinois and their importance in DUI cases, continue reading!
What Is a Field Sobriety Test?
A field sobriety test is a series of exercises used by law enforcement to check if a driver is impaired. These exercises include:
- One-Leg Stand Test – Balancing on one leg while counting out loud.
- Horizontal Gaze Nystagmus (HGN) Test – Following a moving object with your eyes to detect involuntary movements associated with intoxication.
- Walk-and-Turn Test – Walking heel-to-toe in a straight line and then turning around and walking back.
Officers may also use non-standardized tests, such as reciting the alphabet or counting backwards. However, the three listed above are widely used, and when administered properly, the results are referenced in court.
Now, back to the most important question: Do you have to do a field sobriety test if you’re pulled over in Illinois?
Can You Refuse a Field Sobriety Test?
Yes, you can refuse a field sobriety test in Illinois. Field sobriety tests are not mandatory under the law.
Breathalyzer tests are a different story. Under the state’s “implied consent” law, all drivers are considered to have agreed to chemical testing if requested by law enforcement. Refusing a breathalyzer can result in an automatic license suspension and may complicate your defense in a DUI case.
Despite the difference between breathalyzer and field sobriety test expectations, refusing a field sobriety test can still raise issues. An officer may view your refusal as a sign of intoxication and proceed with an arrest based on other observations.
Other signs of impairment may include:
- Slurred speech
- Bloodshot eyes
- The smell of alcohol
- Unsteady movements
You can’t typically deny a field sobriety test without consequences. Refusing may actually prompt the officer to conduct further testing, such as a breathalyzer or blood test. Additionally, even without field sobriety test results, you can still be convicted of DUI.
What Happens If You Refuse To Take a Field Sobriety Test?
What happens if you refuse a field sobriety test? Here’s what you need to know:
- No Automatic Penalty: Refusing a field sobriety test alone will not result in a license suspension.
- Heightened Suspicion: The officer may use your refusal as a reason to request a chemical test.
- Possible Arrest: If the officer believes you are under the influence, you can still be arrested for DUI, even without a failed field sobriety test.
- Evidence in Court: The refusal can be presented as evidence of impairment during a DUI hearing or trial.
Field Sobriety Tests for Cannabis in Illinois
Operating a vehicle under the influence of cannabis is illegal in Illinois. If law enforcement suspects that a driver is impaired by cannabis, they may require a field sobriety test and/or roadside chemical test. Refusing to submit to chemical testing or failing can result in a driver’s license suspension.
What Do Police Look for?
During a field sobriety test, law enforcement is trained to look for specific signs of impairment that indicate you may be under the influence of alcohol or drugs. The exercises are designed to assess your physical coordination, balance, and cognitive abilities. Some common signs officers watch for include:
- Difficulty speaking clearly or forming coherent sentences
- Unsteady movements, like swaying, stumbling, or losing balance during tests
- Involuntary movement of the eyes during the Horizontal Gaze Nystagmus test
- Inability to follow instructions or remember test steps
- Smell of alcohol on your breath, clothing, or in your vehicle
- Bloodshot or watery eyes
- Delayed reactions, such as taking too long to respond to simple questions or commands
Many of these signs can also be physical symptoms of fatigue, nervousness, poor coordination, or even medical conditions. However, if an officer notices any of the signs listed above, they will likely ask for a chemical test.
Need Help After Refusing a Field Sobriety Test in Illinois?
Refusing a field sobriety test, while not illegal, can still lead to an arrest and result in serious penalties. In fact, it may hurt your case in the long run if you receive a DUI charge.
If you’re facing DUI charges in Illinois after refusing a field sobriety test, you still have legal options. At Johnson & Goldrich, P.C., we help clients navigate Illinois Secretary of State administrative hearings and work to restore driving privileges. Contact us now to schedule a free consultation and learn more about how we can defend your rights and fight for your license.