Chicago Field Sobriety Test
Most people are not aware that field sobriety tests are for the most part voluntary, although the officer's who administers them won't tell you. You are well within your rights to refuse to take the field sobriety tests. In fact, it may be a good idea to do so because the tests have flaws and are designed for you to fail. For example, an overtly nervous driver may be thought to be drunk or on drugs to the officer. Your performance is judged by the officer's opinion. The test is not scientific and the results are unreliable. So, if you do not take the test or breath analyzer you are legally fine. However, the officer can still arrest you based on his or her observations from your behavior, or if your breath has an alcoholic odor and if the officer does bring you in, while in custody in the state of Illinois, you are required to take the sobriety tests. So, in Illinois, there is NO right to refuse 100%.
The test(s) may include: Nystagmus (the officer will hold an object about 12 inches from your face and move it side to side watching your eyeballs closely for signs of intoxication), Walk and Turn (the accused walks a line and turns displaying acceptable coordination), and others including Stand on One leg, Finger to Nose, counting backwards, saying the alphabet, finger tapping, a Balance Test (Rhomberg). These test are designed to confirm your skill level when behnd the wheel of a motor vehicle. If you do not pass, you now have a DUI arrest.
If you were convicted for a DUI, 1st, 2nd or 3rd offense, seek professional legal advice by consulting an experienced lawyer in Cook County.
Contact a Chicago DUI Defense Attorney
River North - Downtown Chicago (The Loop) - Lincoln Square - South
DUI Resources
Victims Resources
Resources
- National Center for Victims of Crime
- National Crime Victim Bar Association
- National Organization for Victim Assistance
- National Organization of Parents Of Murdered Children, Inc.
- National Victims' Constitutional Amendment Network
- Office for Victims of Crime
- Safe Horizons
- Victim Offender Mediation Association (VOMA)
- Victims Remembered, Inc.
- Women Against Gun Violence
Justice Resources
The Sentencing Project
A national leader in the development of alternative sentencing programs and in research and advocacy about criminal-justice policy.
Impaired Driving Division
NHTSA's Impaired Driving Division provides information on drunk driving from a legal and social perspective with preemptive measures.
Insurance Institute for Highway Safety
An informational chart about drunk-driving laws in all 50 states including the District of Columbia
ACLU: Prisoners' Rights
Resource provided by the American Civil Liberties Union with information on national and state efforts to recognize and protect prisoner's rights.