Chicago Criminal Lawyer Blog
Chicago DUI Arrests and the Reality of Field Sobriety Testing
Chicago’s streets see more DUI arrests than almost any other city in Illinois. From North Avenue to Cicero Avenue, officers patrol at all hours, often stopping drivers for minor traffic issues that quickly turn into DUI investigations. The majority of these arrests begin with field sobriety tests—supposedly scientific methods for detecting impairment. But the reality is very different.
Under 625 ILCS 5/11-501, Illinois defines DUI as operating or being in actual physical control of a motor vehicle while under the influence of alcohol, drugs, or any intoxicating compound that renders a person incapable of safe driving. The penalties depend on prior history and aggravating factors. A first or second offense is a Class A misdemeanor, carrying up to one year in jail, fines up to $2,500, and mandatory license suspension. However, a third offense or DUI with bodily harm becomes a Class 2 felony, punishable by years in prison and multi-year revocation of driving privileges.
When Chicago police initiate a DUI investigation, they rely heavily on field sobriety testing to establish probable cause. These tests include the Walk-and-Turn, One-Leg Stand, and Horizontal Gaze Nystagmus. Each is supposed to measure balance, coordination, and eye movement to detect impairment. But as any seasoned Chicago DUI lawyerknows, these tests are far from reliable indicators of intoxication—especially when administered on uneven pavement, in poor weather, or under the flashing lights of a police cruiser.
How Illinois DUI Cases Begin and Develop
A DUI arrest in Illinois follows a predictable pattern. An officer observes a potential traffic violation—such as drifting lanes or failing to signal—and initiates a stop. Once the officer interacts with the driver, they look for “indicators” of impairment like slurred speech or red eyes. If they detect the odor of alcohol, they’ll likely ask the driver to step out of the car for field sobriety testing.
Although officers imply compliance is required, field sobriety tests are voluntary under Illinois law. Drivers are not legally obligated to perform them, and refusing does not create automatic guilt. Still, many drivers comply out of fear or confusion. The results, which are entirely subjective, often become the basis for arrest.
After arrest, the driver is transported for a breath or blood test under Illinois’ Implied Consent Law (625 ILCS 5/11-501.1). Refusing these tests can result in a statutory summary suspension of the driver’s license, even before trial. However, that suspension can be challenged by filing a Petition to Rescind in the appropriate Cook County branch court.
The case then proceeds through several stages: arraignment, discovery, pretrial motions, and trial. Each phase provides opportunities for a defense attorney to attack the reliability of the officer’s methods, the testing conditions, or the constitutionality of the stop. The process can be intimidating, but with skilled legal representation, the defense has several pathways to suppress or exclude damaging evidence.
Why Field Sobriety Tests Often Fail Scientific Scrutiny
The foundation of most field sobriety tests lies in the National Highway Traffic Safety Administration (NHTSA)guidelines, but even those guidelines admit significant margins of error. In controlled conditions, the Walk-and-Turn test correctly predicts intoxication only about 68% of the time, while the One-Leg Stand test has an accuracy rate of roughly 65%.
Real-world performance in Chicago conditions—uneven roads, poor lighting, freezing temperatures—makes these numbers even lower. Fatigue, footwear, anxiety, and preexisting medical issues can all produce false positives. A nervous but sober driver might fail every test, while an impaired individual might pass due to good balance or familiarity with the tasks.
For example, the Horizontal Gaze Nystagmus (HGN) test measures involuntary eye movement as a sign of intoxication. However, numerous medical conditions—including inner ear problems, eye muscle fatigue, and certain medications—can cause the same effect. Courts across Illinois have acknowledged these limitations, which is why an attorney’s ability to cross-examine the arresting officer is vital.
At The Law Offices of David L. Freidberg, our defense often begins by obtaining the body-worn camera footage from the arrest. These recordings often show how environmental factors or officer errors affected performance. If the officer gave incorrect instructions or skipped steps required by NHTSA protocol, we use that evidence to argue that the tests were invalid and that the arrest lacked probable cause.
Example Case: Field Sobriety Errors in a Chicago Neighborhood Stop
A recent case involved a driver stopped in the West Loop after making a wide turn. The officer reported detecting a “moderate odor of alcohol” and initiated field sobriety testing. The driver attempted the Walk-and-Turn but stepped off the line twice. The officer noted “failure to follow instructions” and arrested the driver.
Upon reviewing the video, it was clear that the “line” was an uneven crack between concrete slabs, and passing traffic forced the driver to look away several times. The officer also failed to remove the driver’s high-heeled shoes, which is specifically addressed in NHTSA guidelines.
We filed a motion to suppress under 725 ILCS 5/114-12, asserting that the officer lacked probable cause for arrest. During the hearing, we introduced the video and cross-examined the officer about his training and deviation from protocol. The judge ruled that the testing was unreliable and suppressed the arrest. The prosecution dismissed the case shortly after.
This example shows that what might appear as solid evidence to police can collapse under legal scrutiny when handled by an experienced Chicago DUI defense lawyer.
The Criminal Process and the Role of Your Attorney
After a DUI arrest, your case will proceed through the Cook County court system. The first court appearance typically occurs at the Cook County Criminal Court Building at 555 W. Harrison Street or at suburban branch courts such as Skokie, Rolling Meadows, or Bridgeview. During the arraignment, charges are formally read, and you or your attorney enter a plea.
Next comes discovery, where the defense reviews the evidence: police reports, videos, breathalyzer logs, and any witness statements. At this stage, a defense lawyer files motions to suppress or exclude evidence if constitutional or procedural violations occurred. The state bears the burden of proving guilt beyond a reasonable doubt, and without solid evidence from the field sobriety tests, that burden often becomes insurmountable.
If the case proceeds to trial, your attorney will challenge the officer’s credibility, highlight inconsistencies in testimony, and, if necessary, call expert witnesses to discuss the unreliability of field testing under Chicago conditions. Even when a plea agreement is considered, strong pretrial motions often lead to more favorable terms such as reduced charges or court supervision.
The Consequences of a DUI Conviction in Illinois
A DUI conviction follows you permanently under 20 ILCS 2630/5.2, which prohibits expungement or sealing of DUI convictions. That record can affect employment, insurance rates, housing opportunities, and professional licensing.
For a first offense, you face up to one year in jail, fines, court costs, mandatory alcohol treatment, and license suspension. A second offense carries harsher penalties, including a minimum five-day jail sentence or 240 hours of community service. A third or fourth DUI can result in a multi-year prison term and lifetime license revocation.
The penalties don’t end there. Many clients find themselves paying thousands in reinstatement fees, ignition interlock device costs, and insurance surcharges under Illinois’ SR-22 requirements. The only effective way to prevent these long-term consequences is to fight the case aggressively from the beginning.
Why You Should Never Face a DUI Case Alone
Attempting to handle a DUI case without legal representation is one of the biggest mistakes defendants make. The prosecution’s case often seems straightforward—an officer claims you failed tests, therefore you were impaired. But the nuances of Illinois criminal procedure, the reliability of field testing, and the admissibility of evidence are complex.
A qualified Chicago criminal defense attorney understands not only the law but also how Cook County judges interpret and apply it. Each judge may have different expectations regarding field sobriety evidence. By hiring an experienced lawyer early, you ensure that every procedural right is protected and that your case receives the thorough defense it deserves.
What to Ask During a Free Consultation
When meeting a potential attorney, your questions should focus on experience, strategy, and personal involvement. Ask how many DUI cases they have defended in Cook County, whether they personally appear in court on your behalf, and how they approach suppression motions. Inquire about success rates and what outcomes are realistic in your specific circumstances.
At The Law Offices of David L. Freidberg, I handle each case personally. You will never be passed to a junior lawyer or case manager. My approach is to investigate every aspect of your arrest, from the legality of the stop to the accuracy of the field sobriety tests, to build the strongest defense possible.
Chicago DUI FAQs
Can a sober person fail a field sobriety test?
Yes. Fatigue, injuries, anxiety, and even certain shoes can cause a sober person to appear impaired. Many sober drivers fail these tests every year, which is why video evidence and medical documentation are critical.
What if the officer didn’t follow NHTSA procedures?
If the officer deviated from standardized training, your attorney can file a motion to exclude or suppress the test results. Illinois courts have ruled that improper administration undermines reliability.
How soon should I hire a DUI lawyer after arrest?
Immediately. Critical evidence, such as dash and body camera footage, can be lost within days. Hiring an attorney quickly ensures that all evidence is preserved and reviewed.
Is a DUI always a criminal offense in Illinois?
Yes. All DUIs are criminal, even if it’s your first time. The penalties can include jail time and permanent record entry, though supervision may be available for first offenders.
Can I refuse both the field sobriety and breath tests?
You can refuse both, but each carries consequences. Refusing the breath test triggers an automatic license suspension, while refusing field tests often limits the state’s evidence. A lawyer can challenge either decision strategically.
Will a DUI affect my professional license?
Yes. Many professional boards, including those for nurses, teachers, and commercial drivers, require reporting of any criminal conviction. A DUI can trigger disciplinary action.
How long does a DUI case take in Chicago?
Most DUI cases take several months to a year to resolve, depending on whether motions or a trial are required. Hiring an attorney early helps manage the timeline effectively.
Why Defendants Should Choose The Law Offices of David L. Freidberg
For over two decades, The Law Offices of David L. Freidberg has defended clients charged with DUI and other criminal offenses throughout Chicago, Cook County, DuPage County, Will County, and Lake County. Our firm understands how local judges evaluate field sobriety evidence and what it takes to challenge unreliable results.
We have obtained dismissals and acquittals for countless clients by attacking the prosecution’s foundation—the field sobriety tests themselves. We also handle related administrative hearings to protect your driver’s license, ensuring that you maintain the ability to work and care for your family while your case is pending.
When your freedom and future are at stake, experience matters. A DUI conviction can follow you for life, but a strong defense can change everything.
Call The Law Offices of David L. Freidberg Today
A failed field sobriety test is not the end of your case—it’s only the beginning of your defense. With proper analysis, these tests can often be proven unreliable or inadmissible. At The Law Offices of David L. Freidberg, we fight aggressively to protect your rights, your license, and your record.
When You Need a Fighter, Call Us
Whether you’re charged in downtown Chicago, Skokie, Maywood, Bridgeview, or Rolling Meadows, we’re ready. We appear regularly in courtrooms throughout Cook, DuPage, Will, and Lake Counties. And we don’t treat aggravated speeding as just another moving violation.
If you were arrested in Chicago, 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.
