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


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