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


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