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


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