What if the Chicago Police Officer Said I Failed the Field Sobriety Test?

Understanding Field Sobriety Tests in Chicago DUI Arrests

If you were pulled over by a Chicago police officer and told you failed a field sobriety test, you’re likely feeling overwhelmed and uncertain about what comes next. In the city of Chicago, where law enforcement is highly trained and DUI enforcement is taken seriously, many drivers find themselves facing criminal charges based on little more than roadside coordination tests. These tests are commonly used by officers to establish probable cause for a DUI arrest, but their accuracy and fairness can often be challenged in court.

Chicago is the largest city in Illinois and home to a high volume of DUI arrests each year. A large number of those cases begin with an officer’s claim that a driver failed a field sobriety test. These tests include the walk-and-turn, one-leg stand, and horizontal gaze nystagmus (eye movement) exercises. The officer uses these tests to observe coordination, balance, and response to instructions. However, their interpretation is highly subjective.

In Illinois, criminal offenses related to DUI may be classified as misdemeanors or felonies. A first or second DUI offense without aggravating factors is usually charged as a Class A misdemeanor under 625 ILCS 5/11-501. But if a child under 16 was in the car, if there was bodily harm, or if the person had prior DUI convictions, the charge can quickly escalate to a felony — an aggravated DUI under the same statute.

The results of a field sobriety test are just one piece of evidence in a broader investigation. The legal process, penalties, and long-term consequences depend on how the state builds its case and how you respond to the accusations. A failed field sobriety test is not the end of your case — it may be just the beginning of your defense.

Criminal Statutes, Penalties, and Classifications in Illinois

DUI charges in Illinois are governed by the Illinois Vehicle Code, specifically 625 ILCS 5/11-501. A first DUI offense is a Class A misdemeanor and can result in up to 364 days in jail and fines of up to $2,500. If your BAC is 0.16% or higher, additional mandatory penalties apply, such as two days in jail or 100 hours of community service. A second DUI conviction carries mandatory jail time, while a third DUI becomes a Class 2 felony with potential prison time of 3 to 7 years.

When an officer claims you failed a field sobriety test, that failure becomes the foundation for building probable cause. This leads to an arrest, further testing, and the start of the prosecution process. If other aggravating factors exist — such as driving with a revoked license, causing a crash with injuries, or having a child passenger — the charge can be upgraded to aggravated DUI, which carries much harsher penalties and longer license revocation periods.

Outside of DUI law, Illinois criminal statutes also include consequences for resisting arrest, disorderly conduct, and other charges that may arise from the traffic stop. A DUI conviction can impact employment, education, travel, and your criminal record for life. It may prevent you from obtaining professional licenses and could lead to higher insurance premiums or job loss.

From Investigation to Arrest in a Chicago DUI Case

The criminal process usually begins with a traffic stop, followed by questioning and field sobriety testing. If the officer believes you showed signs of impairment — such as poor balance, failure to follow instructions, or signs of intoxication — you may be arrested on suspicion of DUI. After the arrest, you may be asked to submit to a breath, blood, or urine test.

Illinois is an implied consent state. This means if you refuse a post-arrest chemical test, your driver’s license will be automatically suspended under a statutory summary suspension, even if you’re not convicted. If you take the test and the result is over the legal limit, you’ll still face a suspension and criminal charges.

Once arrested, you’ll be booked, processed, and either held or released on bond. A formal arraignment follows, where charges are read, and you enter a plea. From there, the case enters the pretrial and trial phases.

The Criminal Trial Process in Illinois

Your trial begins with pretrial motions, which are critical in challenging evidence, such as the validity of the field sobriety test. A motion to suppress can be used to eliminate unlawfully obtained evidence. If the stop was improper, or if the field sobriety test was conducted incorrectly, that evidence can be challenged.

The trial may be conducted by a judge or jury, depending on your preference and legal strategy. The prosecution must prove beyond a reasonable doubt that you were in actual physical control of the vehicle and under the influence of alcohol or drugs to the extent that you could not drive safely.

At trial, your attorney can challenge the officer’s credibility, training, and observations. If the state’s evidence is weak or tainted by improper procedure, the charges may be dismissed or reduced.

How Law Enforcement Builds DUI Cases

Police officers build DUI cases using a combination of observations and test results. Field sobriety tests are often used as visual and physical proof of impairment. Officers look for signs such as lack of balance, inability to follow instructions, or unusual eye movements. They also rely on video footage, chemical tests, and statements made by the driver.

Dashcam or body cam footage can be requested and reviewed to determine whether the officer’s claims match what actually occurred. In many cases, these videos help show that a driver was not impaired or that the test was administered unfairly.

Statements made during the stop or after the arrest can also be used against you. That’s why it’s critical not to admit to drinking or offer explanations — your words may become evidence later.

Why You Need an Attorney Throughout the Process

From the moment you are stopped, the process becomes legally complex. A DUI case in Illinois involves criminal prosecution and administrative penalties. A criminal defense attorney is critical for protecting your rights at every stage. Whether it’s contesting the reason for the stop, disputing the test results, or questioning the officer’s conduct, your attorney can identify flaws in the case.

Without an attorney, you risk missing important deadlines, waiving rights, or making admissions that can’t be undone. Legal counsel also ensures your side of the story is heard — and that you’re not steamrolled by a system that assumes you’re guilty based on a field test.

Common DUI Defenses to Field Sobriety Test Failures

Failing a field sobriety test is not proof of intoxication. Many defenses exist, including medical conditions, improper footwear, poor lighting, uneven pavement, or even anxiety. These tests are subjective, and officers may make mistakes in how they instruct or score them.

A skilled DUI lawyer can challenge the officer’s training, adherence to standardized procedures, and reliability of the test. Your lawyer may argue that the conditions of the test were unfair or that your performance was consistent with a sober person under stressful circumstances.

Choosing a DUI Defense Attorney in Illinois

When hiring a DUI attorney in Chicago, look for someone who understands the local court system, prosecutors, and police procedures. The right attorney will have experience with motions to suppress, knowledge of field sobriety test protocols, and the ability to challenge chemical test results.

You should also feel confident in your attorney’s communication skills and ability to explain complex legal issues. DUI cases move fast, and your lawyer must be proactive in gathering evidence, filing motions, and preparing defenses.

What to Ask During a Free Consultation

Ask how often the attorney handles DUI cases in Chicago courts. Find out how they challenge field sobriety test results and whether they’re familiar with the prosecutors who handle DUI cases. Ask how they plan to defend you, what penalties you’re facing, and whether your case may qualify for supervision or dismissal.

Be sure to ask about communication practices, legal fees, trial experience, and what steps they’ll take to preserve your license. A good attorney will provide a clear plan and ensure you understand your rights and responsibilities.

Chicago DUI FAQs (750 words)

Can I be arrested for DUI if I passed the breath test but failed the field sobriety tests? Yes, in Illinois, failing a field sobriety test can be enough to establish probable cause for a DUI arrest, even if your breath test result is below 0.08%. Officers can arrest you based on observations, performance, and behavior. Your attorney may challenge the arrest if the tests were flawed or unfair.

Is a field sobriety test required in Chicago? No, field sobriety tests are voluntary. You have the right to refuse without facing an automatic license suspension. However, refusing may increase the chances of being arrested, and officers may still use other evidence to pursue charges.

What if I wasn’t read my Miranda rights? Miranda warnings are required only after arrest and during custodial interrogation. If you were questioned after arrest without being advised of your rights, any statements you made may be inadmissible in court.

Can the officer’s dashcam footage help my case? Absolutely. Dashcam and body camera footage often provide an unbiased record of your behavior and performance. If the video contradicts the officer’s report, your lawyer can use it to undermine the prosecution’s case.

What is the penalty for a first DUI in Chicago? A first offense is typically a Class A misdemeanor punishable by up to 364 days in jail, fines up to $2,500, mandatory alcohol treatment, and license suspension. Penalties increase if your BAC was above 0.16% or if you were involved in an accident.

Can I get supervision for a DUI in Illinois? In some cases, first-time offenders may be eligible for court supervision, which can prevent a conviction from appearing on your record. This option is not available for all cases, especially where there are aggravating factors or prior DUI history.

Can a DUI affect my job in Chicago? Yes, especially if you drive for work, hold a professional license, or have security clearance. A DUI conviction can lead to job loss or difficulty finding future employment. Your attorney may help minimize these impacts by fighting the charge or negotiating alternatives.

Why You Need a Lawyer if You Failed the Field Sobriety Test

If a Chicago police officer says you failed a field sobriety test, don’t assume you’re out of options. Field tests are flawed, subjective, and often challenged successfully in court. Without legal representation, you may face jail time, license suspension, and a criminal record that affects your life for years to come.

Choosing the right criminal defense attorney makes a difference. Your attorney can challenge the foundation of the arrest and develop a strategic plan to protect your rights and reputation.

Call Today for a Free Consultation

If you’re facing DUI charges based on a failed field sobriety test, get the representation you need from a Chicago criminal defense attorney with a long-standing track record of results. 

The Law Offices of David L. Freidberg has decades of experience handling DUI charges throughout Illinois, including Lake County, Cook County, DuPage County, and Will County. We provide legal defense backed by courtroom skill and attention to detail. Our goal is to protect your rights, challenge the evidence, and pursue the best possible outcome.

If you’re facing a DUI charge in Illinois, contact us today at (312) 560-7100 or toll-free at (800) 803-1442 for a free consultation. We’re available 24/7 to defend your rights and help you fight back against DUI allegations.. We offer free consultations 24/7 and represent clients across Chicago and the surrounding counties. Don’t face this charge alone. Let us fight to protect your future.