When you’re pulled over under the suspicion of driving under the influence, officers may perform field sobriety tests to assess your impairment and determine if you’re driving when you shouldn’t be. These tests are not foolproof, but they can be used to determine if you’ve had one too many and should be arrested for DUI. Here’s what your Illinois DUI defense attorney wants you to know about these tests.
What You’ll Be Asked to Do
There are several common tests that officers can and may ask you to perform as part of your field sobriety screening. During these tests, officers will be looking at your ability to follow instructions, your demeanor, your coordination, and your balance. If anything looks off or you show signs of impairment, they may arrest you. These are some of the most common tests you may have to perform.
- The Horizontal Gaze Nystagmus (HGN) Test: During the HGN test, officers watch how your eyes move, checking for lag, wandering eyes, or jerking eyes. To perform this test, officers will ask you to follow an object like their finger or a flashlight.
- The Walk-and-Turn (WAT) Test: The WAT test asks you to walk a straight line for a specified number of steps before turning on your heel and repeating the process. They may ask you to walk heel-to-toe to test your balance and coordination.
- The One-Leg Stand (OLS) Test: The OLS test asks you to stand on one leg with your foot at least six inches off the ground while counting until the officer tells you to stop what you’re doing, all with your eyes closed. The balance test typically lasts for 30 seconds.
- The Finger-to-Nose Test: This test asks you to hold your arms out to your sides at roughly shoulder height and close your eyes. From this position, you’ll bring one hand to your nose and move it back to the outstretched position before repeating the process.
These are just some of the more common field sobriety tests officers tend to perform during stops. You may be asked to perform other tests depending on the situation and the circumstances of your stop.
You Have the Right to Refuse
Under Illinois state law, you have the right to refuse to perform these tests, and doing so can make sense in certain situations including the following:
- You have a medical condition: Some people may have underlying health conditions that naturally impair their balance and coordination. If this is the case, refusing the test may be in your best interest since it’s likely you wouldn’t perform up to the standard that the officers are looking for.
- You’re injured: These tests can place strain on your physical body. If you have an underlying injury that could be aggravated by performing these tests, refusing may be in your best interest.
Keep in mind that refusing to perform these tests may be used as evidence against you during your court hearing. However, your Illinois DUI defense attorney will be able to help you craft a defense whenever possible.
You Can Ask to Take a Breath Test
If you’re sober and aren’t comfortable performing the field sobriety tests, you may be able to request a breathalyzer test. These tests can measure your BAC when you breathe into the device. When properly calibrated, they should provide accurate results.
Speak With an Illinois DUI Defense Attorney
Field sobriety tests are not the most accurate way to assess your blood alcohol level, and the best thing you can do if you’ve been arrested is to consult with an Illinois DUI defense attorney as soon as possible. At Fabbrini Law Group, we’re here to help. Schedule a consultation today.