You might not know what to do if a police officer pulls you over and asks you to take a field sobriety test. Walking in a straight line, standing on one leg, or following a light with your eyes are all things that these tests often ask you to do. A lot of people in Illinois think they have to take these tests, but that’s not always the case.
Understanding your rights can help you make a better decision in the moment. It can also affect what happens later if you are charged with driving under the influence.
Do You Have to Take a Field Sobriety Test?
In many Illinois DUI stops, roadside field sobriety tests are not treated the same as post-arrest chemical tests. But Illinois law has separate rules for suspected cannabis-impaired driving, where refusal of field sobriety testing can lead to a license suspension. You don’t have to agree to these tests if the police ask you to do them to get evidence.
You should know that these tests on the side of the road are not the same as chemical tests like breath, blood, or urine tests. Illinois has “implied consent” laws that cover these situations. These laws have different rules and possible punishments.
Refusing a field sobriety test does not always cause a license suspension, but Illinois law does allow an automatic suspension in cannabis-related implied-consent situations. However, that does not mean there are no consequences at all.
What Happens If You Refuse?
You can say no to a field sobriety test, but the officer can still make a decision based on what he or she sees. They might check your speech, driving, or whether they smell alcohol.
The officer can still arrest you for DUI if they think there is enough evidence. If you don’t take the test, some of the evidence against you may be less strong, but that doesn’t mean you won’t be charged.
Here are some important things to know:
- There isn’t always an automatic penalty for refusing a field sobriety test, but Illinois law can impose a suspension when the refusal falls under the cannabis-impaired-driving testing rules.
- An officer can still take you into custody. Other signs of impairment can help the officer make that decision.
- Your refusal may be used in court. A prosecutor might say that you didn’t take the test because you thought you wouldn’t pass.
- You might still have to take a chemical test. If you’re arrested, you might have to take a breath or blood test, which has its own set of rules.
How Is This Different From Chemical Tests?
Illinois has a law that says people have given their permission for chemical testing. If you are arrested for DUI in Illinois, this means that you have agreed to take a chemical test if you drive on Illinois roads.
There can be serious consequences if you don’t take a chemical test after being arrested. These could include having your driver’s license automatically suspended for a certain amount of time, even if you are not found guilty of DUI.
This is very different from field sobriety tests. Refusing a roadside test does not trigger the same automatic penalties, but refusing a chemical test usually does.
Can Refusing Help Your Case?
In some cases, saying no to a field sobriety test may make it harder for the prosecution to show that you were impaired. People often use these tests to show that a driver couldn’t follow directions or keep their balance.
The case might depend more on what the officer saw without those test results, which can sometimes be questioned. For instance, things like bad lighting, uneven ground, or health problems can make these tests harder.
Your refusal can still be brought up in court. The prosecution might try to say that you didn’t agree to it because you knew you would fail. This is why it is important to understand that there is no one-size-fits-all answer.
How a Lawyer Can Help After a DUI Arrest
DUI cases can be hard to understand, especially when there are questions about what tests were requested, taken, or refused. From the first traffic stop to what happened during the arrest, every little thing is important.
An Illinois DUI defense lawyer can look over the details of your case, see how the stop was handled, and decide if your rights were protected. They can also question evidence that is weak or unclear and talk about your options for the future.
If you are charged with DUI, talking to an Illinois DUI defense lawyer early on can help you know what to expect and how to keep your license and record safe. The sooner you get help, the better you may be able to handle the situation.
Call Fabbrini Law for Help
If you have questions about refusing a field sobriety test or are dealing with a DUI charge, an Illinois DUI defense lawyer can help you take the next step. Fabbrini Law has experience handling DUI cases and understands how Illinois law applies to these situations.
To talk about your case and learn more about your options, call Fabbrini Law at (312) 494-3131 or fill out the contact form on our website.