What Happens If I Refuse a Breathalyzer in Illinois?

If you’re pulled over in Illinois and a police officer suspects you may be under the influence of alcohol or drugs, they may ask you to perform a field sobriety test. These are the roadside exercises you’ve probably seen on TV or in person — walking in a straight line, standing on one leg, following a pen with your eyes. But here’s what many people don’t realize: you are not legally required to take a field sobriety test in Illinois — and in many cases, it may be in your best interest to politely refuse.

Let’s take a closer look at what field sobriety tests are, what they’re used for, and what happens if you refuse one during a traffic stop in Illinois.

What Is a Field Sobriety Test?

A field sobriety test (FST) is a series of physical or cognitive exercises that police use to determine if a driver may be impaired. The most common standardized field sobriety tests include:

• Horizontal Gaze Nystagmus (HGN): Following a moving object with your eyes
• Walk-and-Turn: Walking heel-to-toe in a straight line and turning around
• One-Leg Stand: Balancing on one foot while counting aloud

These tests are designed to give officers clues about your coordination, balance, focus, and ability to follow instructions. However, the results are subjective and often depend on the officer’s interpretation.

Other non-standardized tests may include reciting the alphabet, counting backward, or touching your nose — but these are not scientifically validated for DUI detection.

Are Field Sobriety Tests Mandatory in Illinois?

No. In Illinois, you are not legally required to take a field sobriety test. You can refuse to perform these roadside exercises without facing automatic penalties like license suspension.

This is different from chemical testing (like a breath, blood, or urine test), which is governed by Illinois’ implied consent law. Refusing a chemical test after arrest can result in an automatic license suspension. But refusing a field sobriety testcarries no automatic penalty — it just means the officer has less evidence to support a DUI arrest.

That said, refusing doesn’t guarantee you won’t be arrested. If the officer believes there is enough other evidence — such as slurred speech, bloodshot eyes, or the smell of alcohol — they can still take you into custody. But by refusing the FST, you may be limiting the evidence the prosecution can use against you in court.

Should You Refuse a Field Sobriety Test?

In many cases, yes. Field sobriety tests are not reliable indicators of intoxication. Factors such as nervousness, age, medical conditions, poor lighting, uneven pavement, and even weather can affect how you perform. Many sober people fail these tests.

Additionally, officers often decide to arrest someone before the test even starts, using the FST as a way to gather more evidence. Politely refusing may be the better option — especially if you know that your performance could be affected for reasons unrelated to alcohol or drug use.

If you do refuse, you should remain calm and respectful. You can say something like, “I prefer not to take any field sobriety tests.” Avoid arguing or appearing confrontational. It’s important to assert your rights while still maintaining your composure.

What Happens After You Refuse?

If you refuse a field sobriety test in Illinois, the officer will make a decision based on the totality of the circumstances. If they still believe there is probable cause for DUI, they may arrest you and take you to the station for a chemical test.

Once you’re placed under arrest, the rules change. Under the implied consent law, refusing a chemical test — like a breathalyzer or blood draw — after arrest can lead to a license suspension, even if you’re not ultimately convicted of DUI.

But refusing the roadside field sobriety tests before arrest? That’s your right, and there’s no automatic license penalty for doing so.

Can Refusing Be Used Against You in Court?

Yes, but only in certain ways. Prosecutors can argue that your refusal was a sign of consciousness of guilt — that you didn’t want to take the test because you knew you’d fail. However, a skilled DUI defense attorney can explain to the court why your refusal had nothing to do with guilt — for example, that you were exercising your rights or were concerned about physical limitations affecting the results.

Judges and juries are increasingly aware that these tests are flawed. Your attorney can emphasize the many non-alcohol-related reasons someone might refuse, especially when no other clear evidence of impairment is present.

Why You Need a Lawyer After a DUI Arrest in Illinois

Even if you refused the field sobriety tests, being arrested for DUI is serious. Illinois imposes harsh penalties — including license suspension, fines, court supervision, or jail time — depending on the circumstances of your case.

An experienced DUI defense lawyer can challenge the legality of the traffic stop, the officer’s observations, and whether there was probable cause to arrest you in the first place. Your attorney can also fight to preserve your driving privileges and work to get the charges reduced or dismissed.

Call The Law Offices of David L. Freidberg if You’ve Been Arrested After Refusing a Field Sobriety Test

If you were pulled over and refused a field sobriety test in Illinois, it doesn’t mean your case is over. The Law Offices of David L. Freidberg has defended clients in DUI cases for decades — including those who chose to exercise their right to refuse roadside testing.

We offer aggressive legal defense throughout Chicago, Cook County, DuPage County, Will County, and Lake County. Contact us by calling (312) 560-7100 or toll-free at (800) 803-1442 any time for a free consultation. We’re available 24/7 to protect your rights and fight for your future.