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What Happens If I Refuse The Field Sobriety Tests?


If you refuse the field sobriety tests, then they will arrest you on the spot for DUI.

Are There Any Penalties For Refusing The Field Sobriety Tests?

Before obtaining a driver’s license in Illinois, you must sign and agree to the implied consent law, which says that if an officer has probable cause, then he may ask you to take certain tests. Furthermore, it says that if you don’t consent to those tests, then your driver’s license will be suspended for one year. That suspension would start 46 days after the date of arrest.

Are There Any Health Issues That Can Affect Standardized Field Sobriety Tests?

If you suffer from past physical injuries, then you should tell that to an officer who requests that you complete field sobriety tests. On a different note but along similar lines, suffering from something like a bad head cold can give off the same indicia as someone who is intoxicated. As a result, an officer may assume that a person with a head cold is actually intoxicated and request that they submit to a portable breathalyzer test. This could become problematic if that person had happened to have a drink or two but was not intoxicated from those drinks.

Are Standardized Field Sobriety Tests Admissible In Court?

Standardized field sobriety tests are 100% admissible in court. The Department of Public Standards & Health has protocols on how to administer the tests. However, these tests do not serve as conclusive proof of impairment due to alcohol. A judge is going to decide whether or not alcohol intoxication was truly the cause of a person failing the standardized field sobriety tests. There are plenty of factors that could affect someone’s ability to perform well on these tests, such as being tired, sick or suffering from allergies.

For more information on Refusing Field Sobriety Tests In Illinois, a free initial consultation is your best next step. Get the information and legal answers you’re seeking by calling (847) 244-4636 today.

Barry Boches, Esq.

Get your questions answered - call me for your free phone consultation (847) 244-4636.

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