If you’re pulled over in Illinois and an officer suspects you of driving under the influence, they may ask you to perform roadside field sobriety tests. These tests — such as walking in a straight line, standing on one leg, or following a pen with your eyes — are meant to assess your physical and cognitive abilities. But many drivers don’t realize that field sobriety tests are voluntary in Illinois. You have the legal right to refuse them.
Refusing roadside field sobriety tests is not the same as refusing a breathalyzer, and the legal consequences are very different. Knowing your rights and what to expect can help you make informed decisions during a DUI stop.
What Are Roadside Field Sobriety Tests?
Field sobriety tests (FSTs) are used by police officers to look for signs of impairment. The three standardized FSTs used by law enforcement are:
- Horizontal Gaze Nystagmus (HGN): The officer asks you to follow a pen or finger with your eyes.
- Walk-and-Turn: You’re instructed to walk heel-to-toe in a straight line, turn, and return.
- One-Leg Stand: You balance on one leg and count aloud for a certain number of seconds.
Officers may also use non-standard tests like reciting the alphabet or touching your nose. However, these are not validated by the National Highway Traffic Safety Administration (NHTSA).
Are You Required to Take Field Sobriety Tests in Illinois?
No. You are not legally required to take field sobriety tests in Illinois. These tests are voluntary, and there is no automatic penalty for refusing them. Officers may not tell you that you can refuse, but you have every right to politely decline.
If you choose to refuse, you can say, “I respectfully decline to perform any field sobriety tests.” Always remain calm and courteous.
What Happens If You Refuse?
Refusing to perform roadside field sobriety tests may prompt the officer to rely on other observations to determine whether there is probable cause for arrest. These observations may include:
- The smell of alcohol
- Slurred speech
- Bloodshot eyes
- Erratic driving behavior
If the officer still believes you’re impaired, you may be arrested for DUI. But by refusing the field sobriety tests, you may limit the evidence the prosecution can use against you in court. These tests are subjective, and failure can often be due to nerves, fatigue, or medical issues rather than alcohol or drug impairment.
Importantly, refusing these tests will not result in a license suspension by itself. That’s a key distinction from chemical testing.
Field Sobriety Tests vs. Chemical Tests
Illinois has an implied consent law that applies only to chemical tests (like breath, blood, or urine) given after arrest. If you refuse a chemical test post-arrest, your license will be suspended for at least 12 months.
But roadside field sobriety tests are not covered under implied consent. Refusing these tests before arrest does not trigger a statutory license suspension.
Can Refusal Be Used Against You?
Yes, but with limitations. Prosecutors may try to argue that your refusal to take field sobriety tests is evidence of guilt. However, a knowledgeable defense attorney can counter that narrative by explaining the unreliability of these tests and your legal right to refuse.
Many courts recognize that people may decline for valid reasons — such as physical disabilities, anxiety, or concerns about fairness. Your lawyer can make sure your refusal isn’t used unfairly against you in court.
Why Refusing Might Be the Right Decision
Field sobriety tests are highly subjective. Officers often make an arrest decision before the test even starts. Failing one or more tests can create evidence that prosecutors use to build a stronger case.
By refusing, you may limit the prosecution’s ability to claim you were obviously impaired. While refusal doesn’t guarantee you won’t be arrested, it may improve your chances of a favorable outcome in court.
What to Do After a DUI Arrest in Illinois
If you’re arrested for DUI after refusing field sobriety tests, contact a criminal defense attorney immediately. Your lawyer will review the facts of the stop, evaluate the officer’s conduct, and identify potential defenses.
An experienced attorney can challenge the probable cause for your arrest, the legality of the stop, and whether your rights were properly explained. These challenges can lead to reduced charges or a complete dismissal of your case.
Call The Law Offices of David L. Freidberg for DUI Defense in Illinois
If you’ve been stopped or arrested at a DUI roadblock in Chicago or the surrounding counties, don’t face the system alone. At The Law Offices of David L. Freidberg, we understand how police conduct DUI checkpoints and the defenses that work in court. We’re available 24/7 to protect your rights and guide you through every stage of the case.
Contact us today at (312) 560-7100 or toll-free at (800) 803-1442 for a free consultation. We’re available 24/7 to defend your rights and help you fight back against DUI allegations.