One of the more popular events of the year in Illinois is the Blues, Brews, and BBQ Festival. The name itself lends law enforcement to think that attendees will have having a couple of beers while attending. Therefore, it would be no surprise to see a few cars pulled over by the side of the road with the driver forced to take a field sobriety test. So what can you do if you fail and get a DUI in Illinois?
You Actually Have a Choice
Did you know that you do not have to take an Illinois field sobriety test? Did you know this also includes Illinois field breathalyzer tests? While there are penalties for not taking chemical tests, there are no mandatory penalties for refusing to take field sobriety tests. In fact, most attorneys would recommend that you do not take them because the tests are actually biased and unfair.
A field sobriety test consists of three individual tests that are then evaluated based on your performance in each one of them. These tests are:
- The One Leg Stand
- The Walk and Turn
- The HGN
If you have never taken these tests, they are very easy to simulate on your own. What may surprise you, though, is how bad you perform under controlled conditions and without ever consuming an alcoholic drink. This is the main reason why attorneys would tell you that you should not take the tests.
Why You Should Refuse Illinois Field Sobriety Tests
While we would never recommend drinking and driving, even after “just” one or two, for the sake of argument, we will concede that you have had a drink or two at a festival, bar, dinner, etc… Most police officers today have some type of “dash cam” that films these tests when they are being done. As many have done before, let’s assume that you struggle and fail the tests. These results will have been recorded and will more than likely be presented during your trial.
Now that you have failed the tests, the officer will take you into custody and bring you back to the station for processing. Once you have been arrested and charged, you will be subject to a chemical test. If a significant amount of time has passed from your last drink to the time of the test, you may now fail the chemical test from a rising blood alcohol level (even though you may have been legally sober when you took the field sobriety test). Instead of going home and reminiscing about the great time you had at the festival, you will be facing DUI penalties and Illinois DUI costs.
Finding a DUI Attorney in Illinois
If you are facing a scenario like the one above, you will absolutely need an expert and local Illinois DUI attorney to help you fight the charges. To have your case reviewed free of charge, fill out the Free Arrest Examination Form to the right of this page.
Taryn J. White is a legal research specialist and DUI law news reporter. Her current accomplishments include helping those facing any driving under the influence arrest charges, get free online assistance in learning how to fight a DUI case for the best possible outcome.