Can You Refuse a Field Sobriety Test in Illinois?

 Posted on April 17, 2025 in DUI

If a police officer stops you for suspicion of driving under the influence (DUI), they will likely ask you to submit to standardized field sobriety and blood alcohol content (BAC) tests. Under Illinois law, you can refuse to participate in field sobriety tests, but that does not mean that you cannot be arrested for DUI. An Elgin, IL DUI defense attorney can help you understand the role of field sobriety tests in DUI arrests and how refusing could impact your case.

What Are Field Sobriety Tests?

There are three types of standard field sobriety tests:

• Horizontal gaze nystagmus: The officer will ask you to follow an object, usually a pen, with your eyes to test for an involuntary jerking of the eyeball that increases with alcohol consumption.

• Walk and turn: The officer will ask you to stand on a line, walk heel-to-toe, turn, and walk back to observe your balance.

• One-leg stand: An officer will ask you to count aloud while you raise one foot six inches off the ground, keeping your arms to your side, to look for clues like swaying or using your arms for balance that may indicate intoxication.

Several factors that have nothing to do with alcohol consumption can cause you to fail these tests, but refusing them could still be used against you in court. An experienced attorney can explain what could happen next based on the details of your case.

What Happens if You Refuse?

Officers typically pull people over for a DUI stop because they observed behavior that likely indicates intoxication and should provide probable cause for arrest. Police cannot arrest you for refusing to take the field sobriety test, but they can still take you into custody if they already have probable cause to believe that you are under the influence.

Further, understand that although you can refuse a field sobriety test, you cannot legally refuse a chemical test. Illinois is an implied consent state, meaning that when you drive a car on the road, you are automatically giving permission to have your blood, urine, or breath tested at any time for alcohol. 

What Makes Field Sobriety Tests Unreliable?

Field sobriety tests are controversial mainly because the officers administering them have the discretion to judge them. Body camera footage can be used to assess if the officer followed procedure during the tests, but the statistical evidence behind them is questionable. For example, one study of standardized field sobriety tests involved 21 sober participants who submitted to the tests. The results were interesting. Officers were shown the videos of each person and believed that 46 percent of them were intoxicated. 

Additionally, the tests can be problematic for someone with a disability. Conditions that impact physical wellness and mobility can skew the test results. For example, an eye condition or a significant intake of caffeine can affect how you perform on the horizontal gaze nystagmus test, and that is the most accurate indicator of sobriety among the tests. 

Contact a Kane County, IL DUI Attorney for a Free Consultation

If you refused field sobriety testing when a police officer pulled you over and were charged with a DUI, an experienced Aurora, IL DUI defense lawyer at The Law Office of Brian J. Mirandola can help you understand the laws that apply to these cases. A charge is not yet a conviction. You still have the right to legal representation and to challenge the charges against you. Call 847-488-0889 to schedule a free consultation today.