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


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