Chicago Criminal Lawyer Blog
How to Challenge DUI Field Sobriety Tests Administered on Uneven Pavement or Ice in Illinois
In a city like Chicago, where snow, sleet, and slick streets are common for nearly half the year, field sobriety tests can be unfair from the moment they start. Add in cracked sidewalks or tilted alleyways on the South Side or icy curbs near Wrigleyville, and the results of these tests quickly lose any reliability they claim to have. Illinois law gives officers discretion in DUI arrests, but that does not mean the tests they administer are always valid — especially when they occur under unsafe or unstable physical conditions. As a criminal defense lawyer in Chicago, I’ve spent decades challenging the validity of DUI charges rooted in flawed field sobriety assessments.
A DUI arrest in Illinois is a serious matter. Depending on the circumstances, it can be classified as either a misdemeanor or a felony under Illinois Compiled Statutes (625 ILCS 5/11-501). First-time DUI charges are typically charged as Class A misdemeanors, carrying penalties of up to one year in jail and fines up to $2,500. But if aggravating factors are present — such as a prior DUI conviction, driving without a valid license, or causing bodily harm — the offense may be elevated to a felony, such as a Class 4 or even Class 2 felony, resulting in much harsher punishments.
What many people don’t realize is that the legal process begins long before a formal charge is filed. DUI investigations often begin with a traffic stop. From there, the police officer will look for signs of impairment and commonly request the driver to perform a series of field sobriety tests (FSTs). These typically include the Horizontal Gaze Nystagmus test, the Walk-and-Turn test, and the One-Leg Stand. While these tests are standardized by the National Highway Traffic Safety Administration (NHTSA), their accuracy relies heavily on the conditions in which they’re performed. Slippery surfaces, broken pavement, darkness, or extreme weather can all interfere with a person’s ability to perform them correctly, even when completely sober.
These environmental factors should not be underestimated. Poor lighting, uneven ground, and ice are all common issues in Chicago traffic stops. If these conditions exist during a field sobriety test, they can cast doubt on the officer’s assessment of the driver’s physical coordination and balance. Under Illinois Rules of Evidence and case law, a defense attorney can argue that the results of these tests are unreliable due to the conditions in which they were administered. In some cases, video footage from the officer’s dash cam or body cam may support these arguments, showing how the driver struggled with balance or footing not because of alcohol but because of unsafe testing conditions.
Once arrested, a person accused of DUI in Illinois enters the criminal process. The criminal case typically begins with an arraignment, followed by pretrial conferences, motion hearings, and — if necessary — trial. During the investigative phase, law enforcement collects evidence that may include FST results, body cam footage, police reports, dash cam recordings, chemical breath or blood test results, and witness statements. If these field sobriety tests were administered under faulty conditions, your defense attorney can file a motion to suppress the evidence under 725 ILCS 5/114-12, arguing that the tests do not meet the legal standards for admissibility.
The penalties for DUI convictions in Illinois are harsh. A first offense can lead to a one-year driver’s license suspension, mandatory drug/alcohol treatment programs, court supervision, and even jail time. A second DUI becomes a Class A misdemeanor again, but it carries a mandatory minimum of five days in jail or 240 hours of community service. A third DUI is a Class 2 felony, punishable by three to seven years in prison under 730 ILCS 5/5-4.5-35. Along with these statutory punishments come collateral consequences — loss of employment, professional licensing problems, increased insurance premiums, and even the stigma of a criminal conviction on your permanent record.
At trial, your defense attorney can challenge how the tests were performed. For instance, the One-Leg Stand test requires standing on one foot for 30 seconds, which becomes unreasonable if the sidewalk is slanted, icy, or full of debris. The Walk-and-Turn test requires walking in a straight line on a clearly defined surface — something that might not exist on a shoulder off Lake Shore Drive in winter. If your physical coordination is judged under these unfair conditions, the validity of the test is questionable.
During cross-examination, the arresting officer can be asked about the test environment, lighting conditions, the slope of the pavement, or whether there was ice, snow, or slush where the test was administered. If the officer admits that the conditions were less than ideal, this opens the door to suppressing the FST evidence or at least undermining its credibility. This testimony can then be supported by weather records, photos of the location, or even expert witness testimony in biomechanics or police procedures.
A critical part of building your defense includes understanding what kind of evidence the prosecution will rely on. That often includes not only the results of field sobriety tests but also any admissions you may have made, breathalyzer results, open container observations, and police observations of slurred speech or red eyes. But if your coordination was impacted more by potholes, ice, or uneven brick paving than intoxication, we work to highlight those facts and weaken the state’s case.
Having a criminal defense attorney through each step of the process is essential. From the initial court appearance to the suppression hearing and trial, every decision matters. We analyze arrest videos frame by frame, review weather data for the traffic stop location, and challenge the credibility of the arresting officer’s report. In many cases, we’ve successfully had FST evidence tossed out altogether, which often leads to reduced charges or outright dismissals.
Several defenses may apply in DUI cases involving questionable FSTs. We may argue that the officer failed to administer the test properly. For example, they may have given unclear instructions or failed to demonstrate the task. We may also argue that the officer lacked probable cause to arrest after the FST, particularly if no other strong evidence of impairment was present. Or we may argue that physical or medical conditions (like knee surgery or diabetes) — not intoxication — led to the perceived “failure” of the tests.
When hiring a DUI defense attorney in Illinois, there are qualities you should prioritize. Look for someone with a strong background in courtroom litigation, deep knowledge of Illinois criminal statutes, and a proven record of challenging police evidence. Your lawyer should have courtroom experience and a reputation for going the extra mile in building creative and aggressive defenses tailored to each case.
During your consultation, don’t be afraid to ask hard questions. Ask the attorney how many DUI cases they’ve taken to trial. Ask what kind of outcomes they’ve secured for cases similar to yours. Ask how they would challenge field sobriety test results based on the physical conditions of the scene. Most importantly, ask whether they’ll personally be handling your case or handing it off to someone else in the firm.
FAQs: Chicago DUI Defense and Illinois Criminal Law
Can poor weather be used as a defense in a DUI case in Chicago?
Yes. If you were arrested for DUI and the field sobriety tests were conducted during rain, snow, or icy conditions, this can be a powerful defense. We can use weather reports, police body cam footage, or even independent witnesses to show the poor conditions likely impacted your performance — not alcohol.
Is a DUI a misdemeanor or felony in Illinois?
A first and second DUI offense is typically charged as a Class A misdemeanor. However, a third DUI or a DUI involving injury or death is a felony. Aggravating factors such as driving on a suspended license or having a child passenger can also elevate the offense to a felony.
Do I have to take field sobriety tests in Illinois?
No. Field sobriety tests are voluntary in Illinois. Refusing them may reduce the amount of evidence the officer has against you. However, refusal of a chemical test (breath, blood, urine) can trigger automatic license suspension under 625 ILCS 5/11-501.1.
Can the officer’s dashcam be used in my defense?
Absolutely. Video footage can show the surface conditions, whether instructions were given properly, and how you performed. It may also contradict the officer’s written report, which strengthens our argument for dismissal or suppression of evidence.
How long will a DUI stay on my record in Illinois?
A DUI conviction in Illinois is permanent. It cannot be expunged or sealed. This is why fighting the charges early with the right legal defense is critical to protecting your future.
What if I wasn’t drunk but failed the test because I was nervous or tired?
Nervousness, fatigue, or even medical conditions can cause a person to perform poorly on field sobriety tests. This is another reason these tests are not always reliable. We can present this information to challenge the assumption that impairment was due to alcohol.
Is it worth hiring an attorney if I plan to plead guilty?
Yes. Even if you believe you want to plead guilty, a skilled DUI defense lawyer can negotiate better terms, minimize penalties, and ensure your rights are protected throughout the process. You should never go through this alone.
Why You Need an Attorney If You Were Given FSTs on Uneven or Icy Ground
If you’re facing DUI charges in Chicago and the field sobriety test was performed on sloped pavement, icy streets, or snow-packed ground, you cannot afford to handle your case without representation. The consequences of a conviction — from license suspension and jail time to a lifelong criminal record — are simply too high. Without an experienced attorney, you may miss opportunities to exclude unfair evidence or push for a lesser charge. At The Law Offices of David L. Freidberg, we’ve successfully challenged DUI arrests based on unfair test conditions across Cook, DuPage, Will, and Lake Counties.
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.
