If an officer suspects you of driving under the influence, they may pull you over on the road and ask you to perform certain field sobriety tests to determine your level of impairment. However, for most people, the thought of performing these field sobriety tests isn’t a comfortable one. They’re difficult and, more importantly, not always accurate. That’s why you’re legally allowed to refuse to perform these tests if you’re pulled over for suspected DUI. But refusing field sobriety tests can have some pretty hefty consequences that your Illinois DUI defense attorney wants you to be aware of.
What Happens if You Refuse
If you refuse to perform a field sobriety test, it can complicate your situation, especially if you’re convicted of driving under the influence. Here’s what you can expect to happen if you refuse to perform any of the field sobriety tests the officer asks of you.
You’ll Likely Be Arrested
In most cases, officers pull you over for suspected DUI because they observe questionable or erratic behavior on the road. They typically have probable cause and reason to believe that you’re impaired. If you refuse to perform a field sobriety test, they may take your refusal as an admission of guilt and arrest you on the spot.
This can be stressful, but it’s completely legal. Once you’ve been arrested, you may be held overnight until you sober up or be released into a sober person’s care if they decide it’s appropriate. If they decide to charge you with a DUI, you’ll be expected to attend your hearing and any subsequent court dates.
The Refusal Can Be Used as Evidence
If your case goes to trial, your refusal to perform the field sobriety tests can be used as evidence against you. This may strengthen the prosecution’s arguments and may make it more difficult for your Illinois DUI defense attorney to present a solid defense on your behalf.
Keep in mind that your attorney may be able to present clear and reasonable proof that show the court legitimate reasons for your refusal including the following:
- Inclement weather
- Underlying injuries
- Underlying medical conditions
- Physical exhaustion
Your attorney will help you figure out the best defense based on your situation.
You May Be Asked to Take a Chemical Test
Under Illinois implied consent law, you agree to take a chemical test to measure your blood alcohol level if you’re arrested for DUI just by having a driver’s license in the state. Technically, you’re allowed to refuse chemical tests as well, but doing so can get you in serious trouble. Not only will the court likely view your refusal as an admission of guilt, but you’ll also face stiffer penalties, like a mandatory license suspension of up to one year if you’re convicted.
If you submit to the chemical test and show elevated BAC levels, your punishments will typically be less severe than they would be if you refused.
Always Consult With an Illinois DUI Defense Attorney
When you’re arrested, you have the right to speak with an Illinois DUI defense attorney. Be sure to exercise this right and request a lawyer as soon as you’re able to. This will keep you from incriminating yourself and will give you access to an expert who can advise you on how best to proceed. Even better, they’ll be able to explain the legal process to you and can represent you in court if your case goes to trial.
Schedule a Consultation Now
If you’re facing charges for driving under the influence and refused to perform field sobriety tests when you were pulled over, you still have rights. Let an experienced Illinois DUI defense attorney help you figure out your best next steps. Contact Fabbrini Law Group today and schedule a free consultation.