What Will Happen If I Refuse To Do Roadside Field Sobriety Tests in Illinois?

If you’re pulled over in Illinois and the officer believes you might be under the influence, you may be asked to step out of the car and perform a series of field sobriety tests. These roadside tests are often presented as routine — but they are not mandatory, and they are not always in your best interest to take.

Refusing to take a field sobriety test during a DUI stop is your legal right. While it may raise the officer’s suspicion, refusing these tests does not carry the same legal consequences as refusing a breath test under Illinois’ implied consent law. So what really happens if you say no?

Let’s break it down.

You Have the Right to Refuse Field Sobriety Tests

Field sobriety tests — like walking in a straight line, standing on one leg, or tracking a pen with your eyes — are used to help officers determine whether there is probable cause to arrest someone for DUI. But in Illinois, you are not required by law to take them.

Officers are not obligated to tell you that the tests are optional. Many people assume they must comply, but you can legally decline. If you do, be polite and direct. Say, “I’d prefer not to take any field sobriety tests.” Then say nothing more.

What Can the Officer Do If You Refuse?

Refusing field sobriety tests does not mean the officer has to let you go. They can still arrest you if they believe other evidence shows you’re impaired — such as slurred speech, the smell of alcohol, glassy eyes, or erratic driving behavior. That being said, refusing the test limits the amount of subjective evidence that may be used against you later in court.

Without footage of a failed test or an officer’s report describing how you stumbled or lost balance, the prosecution has a weaker case. They’ll be left relying on other, less concrete observations.

Will You Lose Your License for Refusing?

No. Unlike refusing a chemical test (such as a breathalyzer at the police station), refusing field sobriety tests before arrest does not trigger an automatic license suspension. Illinois’ implied consent law applies only to post-arrest chemical testing — not roadside coordination exercises.

This is one reason why attorneys often advise clients not to take the tests. There’s no automatic administrative penalty for declining, and the tests are notoriously unreliable.

Why Refusing May Be the Right Call

While it might feel like you’re “failing the attitude test” by refusing, that decision may benefit you legally. Here’s why:

• The tests are highly subjective. Officers decide whether you pass or fail based on personal judgment.
• Many sober people perform poorly due to medical conditions, fatigue, anxiety, or even footwear.
• The results are often used as probable cause for arrest and as evidence in court. By refusing, you eliminate that portion of the case.

That doesn’t mean you won’t be arrested — but it could weaken the government’s case, giving your attorney more room to fight the charges.

Can Refusing Be Used Against You in Court?

It can be mentioned by the prosecution, but it’s not damning evidence. A skilled DUI defense attorney can explain your refusal in a way that protects your credibility. They might argue that you declined because you knew the tests were flawed, that you have a medical issue, or that you simply wanted to protect your rights.

Courts increasingly recognize that field sobriety tests are prone to error. Officers may misinterpret nervousness or non-alcohol-related conditions as signs of impairment. Refusal, when done respectfully, often puts less on the record for prosecutors to work with.

What You Should Do During a DUI Stop

If you’re stopped for suspected DUI:

• Be respectful and polite.
• Hand over your license, registration, and insurance.
• Do not admit to drinking.
• Politely decline to take field sobriety tests.
• Do not answer further questions.
• Ask to speak with an attorney if you’re arrested.

It’s also a good idea to take mental notes of the officer’s behavior, the timing of events, and anything unusual about the stop. These details may become valuable in your defense.

Why Legal Representation Is So Important

DUI cases in Illinois move fast — and involve both criminal charges and administrative penalties. Whether you refused roadside tests or not, working with a defense attorney as early as possible gives you a better shot at protecting your driving privileges and your criminal record.

Your lawyer can examine dashcam and bodycam footage, question the legality of the stop, and identify weak points in the officer’s observations. If there’s no field sobriety test evidence to support the arrest, that may open the door to dismissal or reduction of charges.

Call The Law Offices of David L. Freidberg If You Refused Field Sobriety Tests

If you refused field sobriety tests in Illinois and were still arrested for DUI, you’re not alone — and you still have options. At The Law Offices of David L. Freidberg, we’ve defended thousands of DUI cases throughout Chicago, Cook County, DuPage County, Will County, and Lake County.

We’re available 24/7 to fight for your rights and help you build the strongest defense possible. Contact us today at (312) 560-7100 or toll-free at (800) 803-1442 for a free consultation today.