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Do I Need An Attorney For a DUI Where I Refused to Perform Field Sobriety Tests?
Getting pulled over by a police officer in Chicago is stressful enough. Being asked to perform field sobriety tests can make the situation even worse. If you refused to take those tests and were still arrested for DUI, you may be wondering whether it’s worth hiring a defense attorney. The short answer is yes—especially in Chicago, where DUI enforcement is aggressive, and the penalties are serious. A refusal doesn’t protect you from prosecution, but it does create new legal opportunities for your defense—if the right lawyer is involved early.
Refusing a Field Sobriety Test in Chicago: What Does the Law Say?
Illinois law does not require drivers to submit to field sobriety testing. These tests are considered voluntary, and officers are not required to inform you that you can legally refuse. Field sobriety tests include the horizontal gaze nystagmus (HGN), the walk-and-turn, and the one-leg stand. These exercises are meant to assess coordination and balance—but in reality, they rely on subjective officer interpretation. Many sober individuals struggle with them due to age, weight, anxiety, medical conditions, or weather conditions.
If you refused field sobriety testing, the officer may still have arrested you. Under 625 ILCS 5/11-501, a person can be charged with DUI if they are “under the influence of alcohol” or if their BAC is 0.08 or higher. Even without sobriety test results, the officer may rely on observations like bloodshot eyes, slurred speech, or erratic driving to justify probable cause for arrest.
After the arrest, you may have been asked to take a breathalyzer or other chemical test. If you refused that as well, the Illinois Secretary of State will automatically suspend your license under 625 ILCS 5/11-501.1. For a first-time refusal, this suspension lasts 12 months. For a second refusal within five years, the suspension can last 36 months.
So, while refusing field sobriety tests is legal, it doesn’t shield you from DUI prosecution—and it does make having a defense attorney even more important.
What Happens After You Refuse a Field Sobriety Test and Are Arrested
A DUI arrest in Chicago triggers a series of legal events. After your arrest, you’re typically brought to the nearest Chicago Police Department station for booking. Officers will inventory your property, take your fingerprints and mugshot, and ask if you’re willing to take a breath, blood, or urine test. If you refuse, you may be issued a Notice of Statutory Summary Suspension.
Your car may be towed and impounded, and you’ll be assigned a court date—usually held at the Daley Center or a branch court depending on where the arrest occurred. The state’s attorney will file formal DUI charges, even if there was no breathalyzer or sobriety test result.
This is the moment when hiring a DUI attorney becomes critical. Your lawyer will begin gathering evidence, reviewing police reports, securing bodycam footage, and identifying legal flaws in the state’s case. Without field sobriety test results, the prosecution must lean heavily on the officer’s judgment. Your lawyer’s job is to pick that judgment apart.
Why Prosecutors File DUI Charges Without Sobriety Test Results
Refusing a field sobriety test does not prevent DUI charges in Illinois. In fact, prosecutors often proceed with DUI cases based on “totality of circumstances.” This means they will argue that the officer had enough other evidence to believe you were impaired.
Common indicators prosecutors point to include:
- The reason you were pulled over (weaving, speeding, failing to signal)
- Your behavior during the stop (fumbling documents, unsteady on your feet)
- Your speech and appearance (odor of alcohol, bloodshot eyes, slurred words)
- Your driving record and prior offenses
- Your refusal to perform sobriety tests (used to suggest consciousness of guilt)
While this might sound strong, the absence of field sobriety test results often makes the state’s case weaker than it seems. A knowledgeable DUI defense lawyer can exploit the lack of objective testing, challenge the officer’s narrative, and raise doubt in the judge’s mind.
Can You Beat a DUI in Chicago if You Refused Sobriety Testing?
Yes, you can win a DUI case even if you refused to perform field sobriety tests. In fact, refusal sometimes strengthens your defense—especially when the prosecution doesn’t have chemical test results either. Without any objective data, their case rests on the officer’s word.
Many DUI defenses hinge on the legality of the stop and the arrest. Was there a valid reason to pull you over? Did the officer have probable cause to arrest you after the refusal? Did they properly read your Miranda rights? If any part of this process violated your constitutional rights, your lawyer may file a motion to suppress evidence.
Your attorney may also review video footage, cross-examine the arresting officer, and present medical explanations for behaviors mistaken as signs of impairment. It’s not uncommon for anxiety, fatigue, or medical issues to be misinterpreted as intoxication.
In court, your attorney may pursue:
- Dismissal of charges due to insufficient evidence
- Reduction to a lesser offense such as reckless driving
- Conditional discharge or supervision (avoiding a conviction)
- Acquittal at trial
Each case is different, but with a seasoned DUI defense attorney, the odds are far better than you think.
What Makes Chicago DUI Defense Different?
Cook County has one of the busiest criminal court systems in the country. In Chicago, DUI cases are often handled in high-volume courtrooms where prosecutors are overloaded and quick to push plea deals. Without your own lawyer, you may be pressured into a guilty plea—even if your case could have been challenged.
Your defense attorney does more than show up in court. They file critical motions, negotiate for alternative outcomes, and fight to keep your driving record clean. In Chicago, that’s not something you can count on from an overworked public defender.
Having a private attorney also gives you a real advantage when it comes to contesting your license suspension. If you refused chemical testing, your license will be automatically suspended—but you can challenge that suspension within 90 days through a Petition to Rescind Statutory Summary Suspension. An attorney can file the petition, subpoena the arresting officer, and conduct a hearing to fight the suspension before your criminal case even begins.
Questions to Ask a DUI Attorney Before You Hire Them
Not all lawyers are equally qualified to handle DUI cases involving refusals. When interviewing a potential DUI attorney, ask:
- How often do you handle DUI cases with field sobriety refusals?
- What’s your success rate in Chicago courts?
- Will you personally represent me or hand my case to an associate?
- How do you handle license suspension hearings?
- What is your approach if the state lacks breath or sobriety test results?
You want someone who doesn’t just take DUI cases—they build defenses around complex issues like refusals, suppression motions, and constitutional challenges. Make sure your attorney has courtroom experience, isn’t afraid to take a case to trial, and will fight hard for your best outcome.
Refusing a Field Sobriety Test Doesn’t Mean You’re Guilty
Too many people assume that refusing a sobriety test will automatically lead to conviction. That’s not true. In fact, refusal may have protected you from failing an unfair test or giving the state more ammunition to use against you.
While it’s true that refusal can lead to license suspension and may be used as evidence in court, it also leaves the prosecution with less concrete evidence. Your case becomes more about what they think they saw—and less about measurable results. That gives your defense attorney the opportunity to question everything from probable cause to arrest procedures.
Don’t Fight This Alone: Call The Law Offices of David L. Freidberg
If you refused a field sobriety test and are now facing DUI charges in Chicago, there is no time to waste. The prosecution is already building a case against you. You need someone to build your defense.
At The Law Offices of David L. Freidberg, we defend DUI cases involving refusals every week. We understand the nuances of Chicago DUI law and how to turn the absence of field sobriety evidence into a strength—not a liability.
Call Now – The Law Offices of David L. Freidberg Is Ready to Help
If you were arrested in Chicago for DUI, protect your future by contacting The Law Offices of David L. Freidberg. We have decades of experience handling DUI cases in Illinois. Our firm is available 24/7 to provide the legal defense you deserve.
Contact us today at (312) 560-7100 or toll-free at (800) 803-1442 for a free consultation. We’re available 24/7 to serve clients throughout Illinois, Cook County, DuPage County, Will County, and Lake County. Please be sure to ready our courtroom victories and testimonials.