Chicago Criminal Lawyer Blog
Every year in Chicago and throughout Illinois, thousands of drivers are pulled over on suspicion of DUI. Many of them are asked to perform field sobriety tests on the side of the road—tests that are difficult under the best of conditions, and often misunderstood by drivers. Some people refuse. Others are too nervous or confused to decide. If you refused a field sobriety test and are now wondering whether you should hire a DUI attorney, there’s one clear answer: Yes, and as soon as possible.
Refusing a field sobriety test changes the nature of your case. It removes one piece of evidence from the prosecutor’s toolbox—but it also puts more pressure on everything else the officer observed. If your defense isn’t properly structured early in the process, that refusal can work against you. But when your case is in the hands of a skilled Illinois DUI lawyer, a refusal can actually become an advantage. The key is getting legal help immediately—before you lose your license, your freedom, or your record.
The Truth About Field Sobriety Tests in Illinois
Field sobriety tests are standardized evaluations that police officers use during DUI stops. They include the horizontal gaze nystagmus (eye test), the walk-and-turn, and the one-leg stand. These tests are supposed to measure balance, coordination, and divided attention—things that alcohol and drugs can impair.
What most people don’t realize is that these tests are optional. You are not required by law to perform them. There is no criminal penalty for refusing. Unlike breath or blood testing, which falls under Illinois’ implied consent law and can trigger a license suspension if refused, field sobriety tests are not mandatory.
But just because they are optional doesn’t mean they’re harmless. Failing these tests—even if you’re sober—can give police all the justification they need to make an arrest. And the problem is, people fail all the time. You might be tired, anxious, injured, overweight, or confused. The surface may be uneven. It might be raining. None of that is factored in when an officer claims you failed.
This is why many drivers choose not to take them. But once you refuse, the case takes a new shape—one where your decision is analyzed, argued, and used as part of the narrative. That’s when you need legal protection.
What Happens If I Refuse the Test?
Refusing a field sobriety test doesn’t mean you won’t be arrested. Most of the time, if the officer suspects you’re impaired, they’ll move forward with the arrest regardless of whether you complete the tests. After that, the officer may ask you to take a chemical test—a breathalyzer or blood draw. That request is governed by 625 ILCS 5/11-501.1, Illinois’ implied consent law.
If you refuse the breath or blood test, the Illinois Secretary of State will suspend your driver’s license for one year, effective on the 46th day after your arrest. This is called a statutory summary suspension. Even if you’re not convicted in court, your license is still suspended unless you successfully contest it.
Meanwhile, the State may charge you with DUI based on the officer’s observations alone. Under 625 ILCS 5/11-501(a)(2), you can be convicted of DUI if you’re impaired to a degree that renders you incapable of safely operating a vehicle—even without a breath test result.
This means the officer’s description of your behavior becomes the centerpiece of the case. That’s why the earlier a defense attorney gets involved, the better.
Why Refusing a Field Test May Help—and Why You Still Need a Lawyer
From a legal standpoint, refusing a field sobriety test can be a strategic move. It prevents police from gathering potentially damaging evidence that might be subjectively interpreted or misapplied. But it also requires the right defense strategy to make it work in your favor.
Without a DUI attorney, the prosecution is free to shape the case any way they want. They’ll emphasize your refusal as an indicator of guilt. They’ll argue that you showed signs of impairment. They’ll use officer testimony without much resistance.
But with an attorney in your corner, everything is up for challenge:
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Was the traffic stop legal?
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Did the officer follow proper procedure?
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Did the officer have the training to detect impairment?
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Was your arrest lawful based on the available evidence?
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Was the refusal coerced or misunderstood?
All of these issues can be raised and developed into formal defenses. The sooner that happens, the better your odds of keeping your record clean.
How DUI Defense Lawyers Build a Refusal Case
A good DUI lawyer starts with the basics: reviewing the traffic stop, dashcam footage, bodycam video, and the arrest report. If anything in those materials contradicts the officer’s claims or shows that the stop was unjustified, your attorney may file a motion to suppress evidence. If granted, the case could be dismissed before trial.
Your attorney may also question whether the officer had probable cause to arrest you without field sobriety results. If the only evidence is “bloodshot eyes” and “nervousness,” that’s not necessarily enough to meet the legal standard. These claims are highly subjective, and courts have thrown out DUI cases where the arrest lacked solid foundation.
In other cases, the defense may focus on creating doubt about the officer’s reliability. Did they follow their training? Did they exaggerate? Was the refusal voluntary, or were you misled? Did you have a medical reason for not performing the test?
All of these angles are valid. But they must be raised the right way—and at the right time. That’s why hiring a lawyer early gives you the most control over the outcome.
What’s at Stake If You Don’t Hire a Lawyer?
Too many people believe that if they don’t take a test, the case will go away. Or they believe the judge will “go easy” because it’s their first time. Neither of those assumptions is correct.
If convicted of a first-time DUI in Illinois, you face:
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Up to one year in jail
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Up to $2,500 in fines
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Mandatory alcohol education or treatment
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Community service
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Court supervision (if eligible), or a permanent conviction
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A one-year license suspension (or longer, if you refused testing)
These are not minor penalties. And the consequences extend beyond court. You could lose your job. Your insurance rates will skyrocket. Your professional licenses could be at risk. You may be ineligible for certain educational programs or loans.
And if you are ever charged again, that first DUI will come back to haunt you.
First-Time DUI? Supervision May Be an Option—But It Still Requires a Lawyer
Illinois does allow for court supervision on first-time DUI offenses. This means you complete certain conditions—classes, community service, no new arrests—and the case is dismissed without a conviction. But supervision is not guaranteed. And if you refused a test, the State may oppose it.
Supervision can only be granted once in your lifetime. It keeps your record clean and avoids a formal conviction, which is why it’s often the goal in first-time cases. But securing supervision—especially in refusal cases—requires legal skill. Your lawyer must present your case favorably, negotiate with the prosecutor, and make arguments that align with what judges want to hear.
Choosing the Right DUI Attorney for a Refusal Case
You don’t need just any lawyer. You need one who has handled refusal-based DUI cases in Chicago and knows the ins and outs of the local court system.
When choosing a DUI attorney, ask:
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Have you taken DUI refusal cases to trial?
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Do you practice regularly in Cook County or the courthouse where I’ll be appearing?
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How many cases like mine have you won or resolved favorably?
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Will you personally handle my case or pass it to someone else?
You want a lawyer who is responsive, strategic, and ready to fight—because the prosecution will be.
David L. Freidberg Has Been Fighting DUI Cases in Chicago for Decades
At The Law Offices of David L. Freidberg, we represent clients who refused field sobriety tests and are now facing DUI charges across Cook County, DuPage County, Lake County, and Will County. We know how officers think, how prosecutors build these cases, and how to dismantle weak accusations in court.
We don’t just show up in court—we fight. We file motions. We challenge illegal stops. We expose inconsistencies. We work hard to get charges reduced, dismissed, or resolved without a conviction.
Call Now – The Law Offices of David L. Freidberg Is Ready to Help
If you were arrested in Chicago for DUI, protect your future by contacting The Law Offices of David L. Freidberg. We have decades of experience handling DUI cases in Illinois. Our firm is available 24/7 to provide the legal defense you deserve.
Contact us today at (312) 560-7100 or toll-free at (800) 803-1442 for a free consultation. We’re available 24/7 to serve clients throughout Illinois, Cook County, DuPage County, Will County, and Lake County. Please be sure to ready our courtroom victories and testimonials.
