What Happens If You Fail a Field Sobriety Test?

Updated on 01/10/2025 / Under

Failing a field sobriety test can have serious consequences if you're pulled over for suspected DUI. These tests are often used by law enforcement to establish probable cause for arrest, and failing them can lead to immediate arrest and charges. Understanding what happens next and your rights during the process is crucial for protecting yourself.

If you've failed a field sobriety test, it’s important to act quickly and consult with an experienced DUI defense lawyer in Naperville. Call our law firm at (630) 425-0250 today to discuss your case, evaluate your options, and explore possible defense strategies that could help minimize the impact on your future.

Types of Field Sobriety Tests

Field sobriety tests are commonly used by law enforcement to evaluate a driver’s physical and cognitive abilities when impairment is suspected. These tests assess balance, coordination, and eye movements as part of determining potential intoxication:

  1. Horizontal Gaze Nystagmus (HGN) Test: This test evaluates involuntary eye movements that may indicate intoxication. The officer observes your eye movement as you follow a moving object, such as a pen or flashlight.
  2. Walk-and-Turn Test: You are instructed to walk in a straight line, placing one foot directly in front of the other, then turn around and walk back. This test assesses balance, coordination, and the ability to follow instructions.
  3. One-Leg Stand Test: You are asked to stand on one leg while counting aloud until the officer instructs you to stop. This test measures balance and concentration.

Each test is designed to detect physical or cognitive impairments that may result from alcohol or drug use. While these tests are common, their reliability and accuracy can be challenged in court.

What Happens If You Fail a Field Sobriety Test?

Failing a field sobriety test in Illinois can lead to serious legal consequences. It’s important to understand what happens next and how these tests play a role in DUI cases.

In Illinois, if you fail a field sobriety test, the officer may have probable cause to arrest you for driving under the influence. The officer will use the results of the test, along with their observations, to justify the arrest. This is often the start of the DUI process and can lead to further legal proceedings.

a man being pulled over for DUI at night

Following your arrest, you will likely be asked to take a breathalyzer or blood test to determine your blood alcohol content (BAC). Refusing to take these tests in Illinois can result in additional penalties, such as an automatic license suspension and other consequences under the state’s implied consent laws:

  • License Suspension: Failing a field sobriety test could lead to an immediate suspension of your driver’s license, even before your case is decided in court.
  • Criminal Charges: If your BAC exceeds the legal limit of 0.08% (or a lower limit for commercial drivers or minors), you may face DUI charges.
  • Increased Penalties: If your DUI involves aggravating factors such as an accident, injuries, or prior DUI offenses, you could face harsher penalties, including longer license suspensions, larger fines, or even jail time.

Though failing a field sobriety test can be daunting, it doesn’t automatically determine the outcome of your case. These tests are subjective and can be challenged in court. Factors such as medical conditions, poor lighting, or uneven surfaces can affect your performance on the test, which makes it essential to work with an experienced DUI attorney to build a strong defense.

Can Field Sobriety Tests Be Challenged?

Field sobriety tests are commonly used to assess whether a driver is under the influence of alcohol or drugs, but they are not foolproof. There are several ways these tests can be challenged in court, and it’s important to understand that a failed field sobriety test does not automatically mean a conviction.

  • Officer’s Conduct and Test Administration: The way the test is conducted plays a significant role in its accuracy. If the officer fails to administer the test according to proper protocol, the results can be called into question. For example, improper instructions or distractions during the test may influence your performance, which could weaken the validity of the test results.
  • Environmental Factors: Environmental conditions, such as poor weather, uneven ground, or even inadequate lighting, can negatively affect your ability to perform field sobriety tests. These factors could be used to argue that the test results were not accurate or reliable.
  • Medical Conditions and Disabilities: Certain medical conditions, such as inner ear issues, neurological disorders, or injuries, can affect your ability to complete field sobriety tests. If you have a legitimate condition that makes it difficult to perform these tasks, an attorney can argue that the test results were unfairly influenced by factors unrelated to alcohol or drug impairment.
  • Subjectivity of the Tests: Field sobriety tests are inherently subjective. They rely on the officer’s judgment to evaluate your performance, and different officers may interpret the same actions differently. An experienced DUI defense lawyer can challenge the officer’s conclusions, questioning whether their observations were accurate or influenced by bias.
  • Lack of Video or Audio Evidence: Many officers now use body cameras or dashboard cameras to record DUI stops. If the recording is unclear or does not support the officer’s testimony, it may weaken the prosecution’s case.

While failing a field sobriety test can be a concerning part of a DUI case, it does not guarantee a conviction. An experienced DUI attorney can thoroughly review the circumstances and identify potential weaknesses in the prosecution’s case, giving you the best chance at a favorable outcome.

What to Do If You Fail a Field Sobriety Test

Failing a field sobriety test can lead to serious consequences, but there are steps you can take to protect your rights and minimize the impact of the situation.

Stay Calm and Respectful

First and foremost, it’s important to remain calm and respectful when interacting with the officer. Losing your temper or being uncooperative may make things worse and lead to additional charges. Be polite, but avoid admitting guilt or giving the officer unnecessary information.

Understand the Implications

Failing a field sobriety test provides the officer with probable cause to arrest you for DUI. The test results, along with other factors like erratic driving behavior, will be used as evidence to support your arrest. It’s crucial to understand that this is just one piece of evidence, and it may not be enough to convict you.

Consider Your Defense Options

Although failing a field sobriety test may feel like a setback, it’s not the end of the road. There may be ways to challenge the test results. Health conditions, environmental factors, and improper administration of the test can all play a role in how the test was performed. A skilled DUI attorney can help assess the circumstances and build a defense based on these factors.

Contact a DUI Lawyer

One of the most important steps to take after failing a field sobriety test is to contact a DUI lawyer. They can guide you through the legal process, protect your rights, and help explore any potential defenses. With their expertise, you can increase your chances of a more favorable outcome in your case.

In conclusion, while failing a field sobriety test can be a concerning event, it’s important to stay calm, understand your rights, and take the appropriate steps to protect yourself. Consulting with an experienced DUI lawyer can help ensure that you’re treated fairly throughout the legal process.

What Happens if I Refuse to Take a Field Sobriety Test?

In Illinois, you are not legally required to submit to a field sobriety test, but refusing to take one can still have consequences.

Even if you refuse to take a field sobriety test, you will likely still be asked to take a breathalyzer or blood test. Under Illinois’ implied consent law, if you are arrested for a DUI, you are required to submit to a chemical test to measure your BAC. Refusing to take a chemical test can lead to automatic penalties, including:

  • License Suspension: Refusing a chemical test for a DUI can result in an automatic suspension of your driver’s license for one year for a first offense, and longer for subsequent refusals.
  • Additional Legal Consequences: The refusal to take a breath or blood test can also be used against you in court, potentially strengthening the prosecution's case. In some cases, the prosecution may argue that your refusal indicates consciousness of guilt.
a large glass of beer handcuffs and car keys in front of a dark background

While refusing to take a field sobriety test does not carry criminal penalties, it may still lead to a DUI charge if there is sufficient evidence, such as signs of impairment or the results of a chemical test. The refusal may be part of the evidence the officer uses to establish probable cause.

What if I Wasn’t Given a Field Sobriety Test?

Not being given a field sobriety test does not mean you can't be arrested or charged with DUI. While field sobriety tests are commonly used to assess impairment, officers can still arrest you based on other observations, such as:

  • Erratic driving
  • The smell of alcohol or drugs
  • Your behavior or speech
  • Refusal to submit to a breath or blood test

Field sobriety tests are not mandatory for an arrest in Illinois. If the officer believes they have enough probable cause for a DUI arrest based on their observations, they can proceed with an arrest even without administering the tests. Some officers may skip the test if they believe their observations, such as the presence of alcohol or erratic driving, are sufficient evidence of impairment.

Take Action to Protect Yourself Following a Failed Field Sobriety Test

If you’ve failed a field sobriety test, it’s essential to understand the potential legal consequences and how to navigate the situation effectively. A DUI conviction can carry serious penalties, but there are defense options available. Contact our law office today to schedule a consultation and discuss how we can help you protect your rights and work towards the best possible outcome.

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