DGAA bLAWg

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


Tags

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

Archive