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


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