Can I Refuse a Field Sobriety Test in Joliet, Illinois? 

 Posted on January 25,2022 in Uncategorized

Being pulled over on the suspicion of driving under the influence (DUI) can create a situation where people feel the need to prove their innocence then and there. In doing so, they may think that they have no choice other than to complete a field sobriety test when prompted by the officer who pulled them over. 

While the logic makes sense, in all actuality, you do not have to agree to a field sobriety test in Illinois. Many people are not aware of this, but that is often because officers do not offer up that information unprovoked because it is not in their best interest to do so. 

However, knowing your rights is in your best interest, including the right to refuse a field sobriety test in Illinois. 

What is a Field Sobriety Test? 

A field sobriety test is often referred to as a singular test, but this is misleading as there are actually three field sobriety tests, all of which serve a singular purpose. According to the National Highway Traffic Safety Administration, there is the one-leg stand test, the horizontal gaze nystagmus test, and the walk-and-turn test. 

The walk-and-turn test is more well known than the other two, and it is a test where you are asked to walk in a straight line. The one-leg stand test involves standing on one leg with the goal of not falling over, while the horizontal gaze nystagmus test asks participants to follow a stimulus with their eyes without moving their head. 

What Are the Consequences of Refusing a Field Sobriety Test in Illinois? 

You may be thinking that a refusal to take field sobriety tests in Illinois is an immediate admission of guilt. It is common for people to assume that only guilty people refuse field sobriety tests, but this is not the case. 

In the United States, the legal system is set up in a way where all people are presumed innocent until proven otherwise. As such, you are not legally guilty of a crime for calling upon your right to refuse a field sobriety test.

That said, you should be aware of what may happen as a result of denying an officer’s request for a field sobriety test. In Illinois, it is not uncommon for law enforcement to follow up with a request that you either submit to a breathalyzer or a blood test. If you refuse these as well, you might be arrested, have your driver’s license suspended, or both. In order to more accurately know what to expect, it is best to speak with a DUI defense lawyer immediately. 

Reach Out To a Will County DUI Defense Lawyer Today

At McNamara Phelan McSteen, LLC, we make it a point to make every person feel valued, heard, and understood. We recognize how much the people of Illinois contribute to our communities, and it is our mission to work diligently to build a case in your defense. With over 150 years of combined experience, we have represented numerous clients in need of DUI defense. To speak with Joliet DUI defense attorneys you can trust, call 815-727-0100 and schedule a free consultation. 

Source: 

https://ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K11-501.9