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


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