DGAA bLAWg

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


Tags

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

Archive