What Happens if You Fail a Field Sobriety Test, and What Happens if You Refuse

Web Admin - Tuesday, October 07, 2014

Illinois breathalyzer fail, Barrington DUI lawyerThe State of Illinois considers drunk driving to be a serious crime, and imposes high penalties for people found guilty of it. Often, drunk drivers are caught during a traffic stop after taking a breathalyzer test or failing a field sobriety test. Field sobriety tests are a battery of heuristic, qualitative examinations, like requiring the driver to stand on one foot for a certain period of time or to walk heel to toe.

However, drivers are not required to take these field sobriety tests because they qualify as a search under the Fourth Amendment. Additionally, these sorts of tests are not covered by Illinois' implied consent law. The implied consent law states that operating a motor vehicle is a privilege, not a right, and that by driving, a person consents to have his or her breath, blood, or urine tested for alcohol. This means that, while there are penalties for refusing one of those tests, those penalties do not apply to field sobriety tests. There is one exception to this rule, however. If a person has been issued a registry card for the state's new medical marijuana program, then the implied consent law does extend to field sobriety tests.

Penalties for Failure

Courts often view failing a field sobriety test as evidence that a person was driving under the influence. This evidence can often be strengthened by the police taking a chemical test. If either test proves to the court's satisfaction that the driver's blood alcohol content (BAC) exceeded 0.08 percent, then that person triggers the DUI penalties in Illinois. A first offense comes with a maximum fine of $2,500 along with a potential jail sentence of up to one year. Additionally, a first offender's license may be suspended for a minimum of six months.

These penalties increase for repeat offenders, with the license suspension going up to a five-year minimum for a second offense. A third DUI triggers a 10-year suspension and a prison sentence of between three and seven years. Additionally, every DUI offense comes with the penalty of having an ignition interlock device installed in the offender's car, which functions as a breathalyzer test to turn the car on.

Penalties for Refusal

Refusing to take the field sobriety tests does not trigger any penalties, unless the driver has been issued a medical marijuana registry card. However, there are penalties for refusing to take a chemical test. These penalties start at a one-year summary suspension of a person's driver's license. Additionally, if a person has previously had a suspension or a DUI conviction in the past year, then the penalty increases up to a three-year suspension.

DUI charges are a serious sanction in Illinois that can have long-lasting consequences. If you have recently been charged, seek help from an experienced Illinois criminal defense attorney. Our firm defends the rights of clients across the northwest suburbs, including in Barrington, Rolling Meadows, and Des Plaines.

About the Author: Founding partner of Drost, Gilbert, Andrew & Apicella, LLC, Colin Gilbert, received his J.D. from Chicago-Kent College of law in 2005. Colin argues cases across many practice areas including criminal defense, collections, civil litigation, real estate law, and corporate law. Colin is an active member of the Board of Governors of the Northwest Suburban Bar Association and the Illinois Creditors Bar Association. He is currently Vice President of the Arlington Heights Chamber of Commerce, and is a Commissioner for the Village of Arlington Heights. Colin has a 10.0 Attorney rating on Avvo, and was named one of the 2014 “Top 40 Under 40” Trial Lawyers in Illinois by the National Trial Lawyers Association.

Recent Posts


Rolling Meadows personal injury attorney Illinois car accident attorney civil litigation attorney drug crime Illinois medical malpractice attorney Rolling Meadows corporate lawyer Inverness elder law lawyer automated cars forming a corporation in Illinois Schaumburg civil litigation attorney Illinois employment attorneys controlled substance Arlington Heights personal injury attorney living wills premises liability IRA benefits trauma after an accident Illinois personal injury attorney dog bites caregiver Palatine civil attorney TBI DMV Crystal Lake traffic attorney revenge porn Mount Prospect wills and trusts lawyers Chicago traffic lawyer Colin H. Gilbert murder wage theft Thanksgiving head on collisions clemency Palatine traffic lawyer criminal defense Deer Park traffic accident attorney murder defense Buffalo Grove insurance claim dispute lawyers DUI FMLA Illinois workplace lawyer Rolling Meadows drug defense attorney pet bites tax attorney employee rights insurance agent negligence Palatine workers compensation lawyer comparative negligence pay when paid contract Federal Food Drug and Cosmetic Act Crystal Lake civil litigation lawyer Exclusions Barrington personal injury attorney Crystal Lake insurance lawyer Detainer Actions Rolling Meadows car accident lawyers car accidents trucking accident lawyers power of attorney manufacturing bicycle dooring accidents preventable medical errors Palatine punch death insurance claim Chicago employment lawyer bicycle accidents criminal Buffalo Grove personal injury attorney Jay Andrew motorcycle accident Illinois job attorney icy parking lots taxes Des Plaines drug lawyer estate planning for college students liability blood alcohol content anesthesia errors Illinois Workers’ Compensation Commission first degree murder GM ignition switches drug possession Long Grove estate planning attorneys South Barrington real estate attorney insurance dispute attorney Barrington estate planning attorney Illinois rollover accident lawyers DGAA Palatine real estate lawyer Chicago biking tips texting and driving real estate zoning slip and fall criminal record insurance claim denials Crystal Lake will lawyer real estate attorneys Schaumburg drug defense lawyer license reinstatement pedestrian injuries, pedestrian fatality pedestrian-automobile accident Attorney Ken Apicella medical research independent contractor Crystal Lake medical malpractice attorneys internet Buffalo Grove medical malpractice lawyers Fourth of July Fair Labor Standards Act Illinois traffic attorney home inspection lawyer Palatine insurance lawyer Palatine employment law lawyer social media after death life insurance claims South Barrington real estate lawyer Schaumburg traffic lawyer Forcible Entry traffic accidents Deer Park personal injury lawyer landlord Palatine trusts lawyer natural gas DUI defense privacy laws Deer Park employment law attorney Illinois insurance claims lawyers Illinois Trust Code caretaker rights personal injury accidents Rolling Meadows DUI lawyer drug crimes lawyer estate planning Rolling Meadows employment law attorney Illinois employment law personal injury Deer Park criminal attorney underage DUI license revocation deed transfer federal crimes low-ball insurance settlement Illinois insurance disputes Rolling Meadows traffic violations defense Schaumburg corporate attorney employee discrimination contracts School Visitation Rights Act Chicago insurance claim attorneys field sobriety test corporate law Arlington Heights trucking lawyer Illinois jet ski accident lawyer Illinois medical malpractice claim license suspension Illinois LLC creation gift taxes FSLA Illinois corporate lawyer life insurance Palatine civil litigation lawyer Chicago car accident lawyer Des Plaines drug crimes lawyer hands free device trusts Arlington Heights traffic attorney Des Plaines tax law firm Home Sale Contingencies drunk driving attorney fees Liquor Control Act Illinois injury lawyer Illinois trucking safety product liability wills and trusts employment law, Illinois employment laws unfunded trust Arlington Heights Attorney Des Plaines Des Plaines real estate lawyer personal injury claim problem employees Rolling Meadows criminal lawyer crossover accidents real estate leasing driving landlord tenant law Illinois employment law attorney employees Palatine Attorney Deer Park traffic lawyer surgical mistakes IRA trust transfer Illinois collections attorney Illinois estate planning attorney wrongful termination, employment law, whistleblower protections, Illinois employment laws, discrimination in the workplace Illinois Wage Payment and Collection Act Illinois law Chicago insurance law firm distracted driving accident victims Barrington real estate lawyer small business Landlord Tenant Ordinance drug crimes PTSD Rolling Meadows employment attorney financial advisors Illinois elder law attorney trucking accidents Arlington Heights personal injury lawyer products liability power of attorney for healthcare Crystal Lake car accident lawyer speeding Illinois living will Inverness personal injury attorney Arlington Heights medical malpractice lawyer Schaumburg personal injury attorney Schaumburg medical malpractice lawyer Inverness civil lawyer Long Grove estate planning attorney Des Plaines motorcycle accident attorney pedestrian accidents income distribution deducation suspended license Inverness real estate attorney Crystal Lake car accident attorney Crystal Lake business law attorneys Des Plaines DUI attorney Transfer on Death Instrument fault based insurance in terrorem provision car crash injuries living trust Rolling Meadows marijuana attorney Illinois personal injury Crystal Lake personal injury attorney insurance claim dispute attorney residential real estate DUI attorney pregnant women Des Plaines collections attorney Schaumburg Attorney Arlington Heights real estate lawyer real estate attorney denied insurance claims Illinois real estate lawyer Des Plaines Traffic Lawyer Buffalo Grove employment lawyer elder abuse Colin Gilbert employment lawyer expungement Chicago employment attorney overtime pay Illinois estate planning law firm Crystal Lake estate planning lawyer Schaumburg injury lawyer trustee Schaumburg probate attorney BAIID Long Grove estate planning Illinois real estate Illinois traffic accident lawyer Palatine drug lawyer accidental death benefits bike accident insurance agents Illinois insurance claim dispute lawyer Rolling Meadows Attorney Inverness accident lawyer Buffalo Grove law firm Arlington Heights criminal lawyer overtime violations traffic crimes Illinois will lawyer digital media accounts, estate planning, Arlington Heights estate planning attorney, pizza emoji insurance dispute, insurance dispute lawyers, insurance claim denial, insurance claim delays, Rolling Meadows insurance dispute attorneys blended families senior citizens Mount Prospect elder law attorney Illinois criminal defense attorney appealing an insurance claim Rolling Meadows medical malpractice lawyers workers comp personal injury claims new real estate form guardianship attorney Illinois DUI attorney Illinois civil litigation lawyer Inverness DUI lawyer Palatine law firm Family Medical Leave Act Illinois personal injury lawyer estate planning attorney investment property Buffalo Grove probate lawyer Deer Park motorcycle accident lawyer Crystal Lake injury attorney Buffalo Grove traffic lawyers nursing home negligence IRS Arlington Heights wills and trusts lawyer severance agreements Illinois registered agent marijuana insurance claims Chicago will attorney LLCs Barrington boating accident attorney Des Plaines medical malpractice attorney Schaumburg wrongful death attorney Long Grove wills and trusts attorneys Crystal lake insurance dispute attorney startup company Rolling Meadows employment law attorneys disability benefits car accident lawyer agent Affordable Care Act Illinois wrongful termination lawyer Buffalo Grove corporate attorney Illinois traffic laws Crystal Lake criminal defense attorney pet law Illinois workers compensation lawyer rollover accidents Arlington Heights pedestrian accidents digital assets, digital fiduciary, estate planning, digital content, Long Grove estate planning lawyers Illinois employment law firm Rolling Meadows business lawyer commercial real estate child safety Illinois medical malpractice lawyers Des Plaines personal injury lawyers employment contract breach of contract Illinois Smoke Detector Act Rolling Meadows insurance attorney Chicago corporate attorney estate planning lawyer probate claims DNR Self-Directed IRA Accounts Illinois motorcycle accident lawyer loss of consortium llinois Real Estate Lawyers Association Crystal Lake accident attorney Rolling Meadows insurance lawyer sole proprietorship Des Plaines real estate attorney Palatine estate planning lawyer car accident estate planning trusts marijuana crimes attorney insurance denial appeals Chicago trucking accident attorney Arlington Heights employment attorney unauthorized overtime traffic violations eluding a police officer Policy Cancellation Illinois employment law attorneys modern family estate planning Illinois bicycle safety POA Schaumburg estate planning lawyer Class A misdemeanor advance healthcare directive Chicago estate planning lawyer sexual harassment estate attorney Rolling Meadows criminal attorney Buffalo Grove personal injury lawyer fiduciary rule delay personal injury law firm Inverness insurance attorney Arlington Heights wills and trusts lawyers medical malpractice compensation compensatory time construction accidents, personal injury, wrongful death, Arlington Heights personal injury attorneys, workers' compensation Illinois Sales Representative Act Rolling Meadows personal injury lawyers Illinois attorney CAM license Arlington Heights car crash attorneys defective products pedestrian accident liability claims Crystal Lake tax lawyer estate planning, digital assets, Revised Uniform Fiduciary Access to Digital Assets Act, Illinois digital assets, Illinois estate planning, Inverness traffic law firm jet ski operating agreements real estate contract car crashes probate Chicago lawyer Palatine traffic accidents Retaliatory Discharge no contest clauses car accident lawyers homestead rights Barrington criminal lawyer estate plan IRELA Palatine business attorney Illinois employee rights attorney. Barrington Illinois estate planning lawyer condo murder charges Crystal Lake personal injury lawyer employment law life insurance lawyer Illinois pedestrian accident attorney ACA healthcare Deer Park DUI lawyer Buffalo Grove car accident lawyer healthcare claims dealing with problem employees Chicago estate planning Rolling Meadows litigation lawyer Food and Drug Administration's Food Safety Modernization Act Palatine elder law attorney Illinois Probate Act of 1975 bad faith insurance claims Illinois business law atorneys Illinois business lawyer dram shop law institutional trustee traffic offenses Crystal Lake pet attorney living trust vs will right to work Arlington Heights injury attorney paid sick leave Schaumburg construction accident lawyer estate planning, death tax, succession plans, business estate plans, Barrington estate planning lawyers health insurance dispute insurance claim dispute wrongful termination Palatine construction attorney Barrington Traffic Lawyer Barrington attorney employment contract, employment law, employment at-will, Deer Park employment law attorneys, contract, Illinois speeding lawyer Long Grove real estate lawyer Illinois insurance attorney Whistleblower Claims probate fees Barrington injury attorney Rolling Meadows tax attorney ObamaCare Palatine personal injury lawyer digital information Arlington Heights estate planning attorney pain and suffering Crystal Lake employment attorney Schaumburg insurance lawyers Schaumburg personal injury lawyer mortgage commercial leases medication errors real estate traffic laws trench injuries boating accidents medical malpractice, missed diagnosis, delayed diagnosis, medical mistake, Deer Creek medical malpractice lawyers Illinois red light cameras Schaumburg real estate lawyer criminal law Mt Prospect Attorney Inverness corporate attorney Arlington Heights Traffic Lawyer probate process Crystal Lake bike accident lawyer motorcycle accident lawyer medical malpractice claims changes to mortgage law Inverness injury lawyer Employment Discrimination Law Illinois Human Rights Act minimum wage Palatine corporate law attorneys Barrington employment law firm civil litigation Legal Info insurance attorney boating under the influence preventing accidents probate claims process Barrington criminal defense lawyer Schaumburg criminal attorney Arlington Heights lawyer business litigation breathalyzer test Illinois small business loopholes Illinois insurance claim attorney workplace sexual harassment Illinois employment lawyer real estate closing Des Plaines insurance attorney Inverness real estate lawyer construction contracts special needs trust subcontractor Deer Park workers compensation lawyer workers compensation Crystal Lake law firm distracted driving accidents Illinois wills and trusts attorneys Arlington Heights accident attorney Arlington Heights tax lawyer BAC Crystal Lake employment lawyer Barrington personal injury lawyer Palatine probate lawyer medical marijuana rest breaks spinal cord injury Illinois estate planning car collision Barrington medical malpractice lawyers Illinois employment laws filing a medical malpractice claim Buffalo Grove traffic attorney Illinois Transfer on Death Instrument Buffalo Grove criminal defense lawyer foreclosed rental property medical malpractice Barrington business law firm Illinois tax attorney Illinois traffic ticket lawyer Schaumburg elder law lawyer Illinois pet lawyer Des Plaines injury law firm construction accidents gift tax exemption, estate planning, estate planning strategies, Illinois estate planning, South Barrington estate planning attorneys job lawyers insurance dispute insurance disputes, Illinois insurance disputes, Illinois insurance dispute attorneys, denied insurance claims, Arlington Heights insurance dispute attorneys condo association creditors Illinois Palatine criminal defense lawyer Schaumburg car accident attorney Rolling Meadows boating crash lawyer denied insurance claim Schaumburg employment law attorneys mass shooting wrongful death digital evidence Des Plaines personal injury attorney reckless homicide Illinois insurance dispute lawyers Illinois workplace discrimination attorney Riverwoods estate planning lawyer DUI penalities employment law, meal breaks, rest breaks, hotel employees, Des Plaines employment law attorneys Des Plaines pet law attorney cell phone tower data boating DUI Illinois home inspection back injuries Schaumburg personal injury lawyers personal injury attorney Super Mario Palatine corporate attorney Barrington estate planning lawyer Des Plaines claims law firm Palatine employment attorney Des Plaines personal injury lawyer jet ski accidents Rolling Meadows accident lawyer Des Plaines criminal attorney Mount Prospect real estate lawyer elder law Arlington Heights wills and trusts attorneys Barrington civil litigation attorney Chicago attorney Illinois construction accident attorney Deer Park accident attorney Deer Park real estate law firm Schaumburg estate planning attorney slip and fall accidents Crystal Lake medical malpractice law firm fatal car accidents Barrington employment law attorney Kenilworth estate planning attorneys Buffalo Grove injury lawyer work unions irrevocable trust insurance negligence installment contracts insurance adjusters Illinois probate lawyer insurance denials Schaumburg criminal law attorney workers compensation benefits Illinois medical malpractice case swimming pools Illinois traffic attorneys Rolling Meadows insurance dispute lawyers insurance claim denial Arlington Heights insurance attorney owner responsibility Arlington Heights car accident lawyer car crash natural gas explosion Arlington Heights employment law attorneys Illinois defective products attorney Illinois wills and trusts civil rights violation spinal cord injuries Crystal Lake employment law attorney hit and run accident Des Plaines accident attorney Inverness estate planning lawyer personal injury, auto accident injuries, delayed injuries, serious injuries, Des Plaines personal injury attorneys Barrington employment attorney food poisoning Rolling Meadows insurance dispute lawyers, insurance dispute Crystal Lake traffic lawyer Rolling Meadows estate planning attorney wills Arlington Heights wills and trusts attorney Rolling Meadows traffic law firm truck collisions Do Not Resuscitate denial of life insurance federal regulations for LLCs drunk driving statistics Palatine employment lawyer Rolling Meadows real estate attorney Buffalo Grove real estate attorney underfunded trust college kids capital gains tax underinsured motorist defective products lawyer meal breaks vacation home fines employment attorney Rolling Meadows Traffic Lawyer Home Remodeling Repair Act insurance claim delay Kenilworth estate planning attorney commercial leasing Arlington Heights TBI attorney Illinois insurance lawyer digital assets cell phone Chicago will attorney, social media platforms, Illinois estate planning lawyer, Inverness probate lawyer unpaid overtime auto accidents traffic deaths insurance disputes Crystal Lake pedestrian accident lawyer Illinois workers compensation attorney rumble strips fiduciary rule Palatine injury attorney Deer Park medical malpractice attorney Des Plaines civil attorney Rolling Meadows traffic attorney cell phone accidents dynasty trusts employee misclassification Illinois mortgages Crystal Lake medical malpractice lawyer probate lawyer deadly crashes brain injury involuntary manslaughter Kenilworth estate planning lawyer Illinois lawyer unpaid assessment consent to a search life insurance policy liens traffic tickets rent to own real estate contracts estate tax Schaumburg employment attorney ken apicella holiday statistics texting while driving Illinois trusts attorney golf accidents Illinois insurance claim dispute lawyers real estate lawyer Schaumburg estate attorney Illinois driving without license traumatic brain injury personal injury lawyer vacation home whistleblower protections Rolling Meadows personal injury lawyer Schaumburg rollover car crashes Barrington workers compensation attorney comp time Illinois personal injury lawyers sexual images trust payments uninsured motorist traumatic brain injuries Joliet general practice lawyers Barrington litigation attorney Illinois boating accident lawyer BUI foreclosure Long Grove real estate attorney privacy Barrington drug crime attorney drugs Rolling Meadows probate lawyer hiring employees living trust benefits