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Yes, you can refuse to take field sobriety tests in Illinois. Field sobriety tests are not covered by Illinois’s implied consent statute, so declining them does not result in an automatic license suspension the way refusing a chemical test does.
The Key Distinction: Roadside vs. Chemical
When talking to police during the stop, the officer may ask you to participate in field sobriety tests. What you might not realize is that you can refuse to take those tests without the kind of penalties you’d face for refusing a breathalyzer.
With chemical tests, you already gave your implied consent under State law when you received your driver’s license. By the time an officer asks you to take a chemical test, you have already been arrested, so refusing carries consequences that roadside tests do not. You face an immediate automatic license suspension when you refuse chemical tests, one that lasts longer than the suspension for a failed breathalyzer. There is no such penalty for declining roadside tests.
Are field sobriety tests accurate in Illinois DUI cases? The Conner Law Firm defends DUI cases built on roadside test evidence in Belleville and St. Clair County, Illinois, for this exact reason. Roadside tests are subjective and based on the observations of the officer. Injuries, medical conditions, and pure nervousness may all contribute to a person’s ability to complete roadside tests to an officer’s satisfaction.
The chart below breaks down the key differences between these tests at a glance.
|
Field sobriety tests |
Chemical (breath) test |
|
|---|---|---|
|
Covered by implied consent |
No |
Yes |
|
Automatic suspension for refusing |
No |
Yes |
|
Where administered |
Roadside |
Usually, the Police Department or Hospital |
You can learn more in our guide, Field sobriety tests in Illinois: what you need to know.
What Declining Does Not Prevent
Declining field sobriety tests does not come with additional penalties, though it may not prevent you from being arrested. Law enforcement officers may look at the evidence they’ve already collected or observed from their interaction with you and decide to make a DUI arrest.
Typically, they look for a prominent odor of alcohol, slurred speech, and driving behavior, which they log in their report. They also detail any admissions you’ve made, such as where you’re coming from, how many drinks you had, and anything else you may have said.
While being polite is always encouraged when dealing with the police, you are not obligated to answer any other questions beyond identifying yourself and showing your driver’s license, registration, and insurance. The more you say, the more they have to use against you. Declining those field tests will not magically end the stop, but it does give them less to put in their report that would come back to haunt you in court.
Attorney Insight
“I’ve represented clients who took the roadside tests and clients who refused them, and I’ve gotten favorable outcomes both ways. When a client submitted to testing, we go after the officer’s scoring and the conditions on scene. When a client refused, we focus on whether there was ever enough evidence to justify the arrest in the first place. There’s an angle to play in most cases, you just need someone who knows how to find it.” — Erin K. Conner, Founding Attorney and former Chief of the Criminal Bureau, St. Clair County State’s Attorney’s Office
If You Already Took Them
What happens if you already took those field sobriety tests and were arrested for DUI in Illinois? It may seem like a lost cause, but challenging the results is one of the things The Conner Law Firm does to fight your charges. Our Founding Attorney, Erin K. Conner, is a former prosecutor who knows how the State will try to use this evidence.
Since your performance is scored by another person under potentially bad conditions on the roadside, there are a lot of variables that we can pick apart.
Talk to a Belleville DUI Lawyer
The Conner Law Firm defends DUI cases built on roadside test evidence in St. Clair, Madison, and Monroe Counties, and throughout southern Illinois. Led by Attorney Conner, we dismantle DUI cases by leveraging our insider information on how the prosecution operates. Don’t waste time or take a chance, even if it’s your first DUI. Let a Belleville DUI defense lawyer work to keep you from getting convicted and preserve your future by calling (618) 277-2421 or texting (314) 944-5553.
