Refusing a Field Sobriety Test in Illinois: Do You Really Need a DUI Attorney?

Most drivers in Chicago don’t expect to be pulled over on suspicion of drunk driving. But when it happens—and when you make the decision to refuse the officer’s request to perform field sobriety tests—everything that follows becomes critical. At that moment, your rights, your license, and your future are on the line.

So, should you hire a DUI attorney if you refused a field sobriety test in Illinois? The short answer is yes. The longer answer is that the moment you refuse any part of a DUI investigation, the process becomes more adversarial—and your need for legal protection becomes even more urgent. Prosecutors know how to use refusals against you. And if you don’t have someone pushing back with legal skill and courtroom experience, you may lose far more than your driver’s license.

What Does Refusing a Field Sobriety Test Really Mean?

If you’re stopped on suspicion of DUI in Illinois, the officer will typically ask you to perform a series of field sobriety tests. These may include the horizontal gaze nystagmus (HGN), the walk-and-turn test, and the one-leg stand. While these are presented as routine, they are actually investigative tools meant to gather evidence of impairment.

Under Illinois law, you are not required to perform these field sobriety tests. There is no criminal penalty for refusing them, and your refusal cannot be used as the sole basis to charge you. But that doesn’t mean you’re in the clear. The refusal may still be used by the prosecutor to argue that you were impaired and trying to avoid evidence being collected.

In most DUI stops, the officer already has a narrative in their head. The refusal may just be one more entry in a report that already includes “odor of alcohol,” “bloodshot eyes,” or “slurred speech.” And while field sobriety tests are voluntary, refusing them does not prevent arrest. In fact, it often accelerates it.

What Happens After the Refusal?

If you refuse the field sobriety tests, the officer will likely move to arrest you based on their observations. From there, the DUI process begins. You may also be asked to submit to a breathalyzer or blood test. Unlike field tests, refusal of a chemical test in Illinois leads to an automatic driver’s license suspension under 625 ILCS 5/11-501.1—a process known as statutory summary suspension.

This suspension kicks in even if you are not ultimately convicted. It’s an administrative penalty imposed by the Secretary of State. For a first offense, the suspension period is one year. If you submit to testing and fail, the suspension is six months. For repeat offenses, those periods increase.

You may also face a Class A misdemeanor DUI charge under 625 ILCS 5/11-501, punishable by up to one year in jail, a fine of up to $2,500, and mandatory treatment, education, or community service. In some situations, refusal—combined with other facts—can lead to felony charges, such as when a child is in the car or there’s a prior DUI conviction.

The Legal Risks of Going Without a Lawyer

When you refuse a field sobriety test, your case often becomes more subjective. There is no BAC number to contest or suppress. That means the case will likely turn on the officer’s testimony, dashcam footage, and body-worn camera video. These are all matters that require skilled legal analysis and cross-examination.

Trying to handle a DUI case alone—or relying on a public defender with limited time—can put you at a huge disadvantage. You may not know what evidence can be challenged. You may not understand the nuances of the implied consent statute or how to request a hearing to fight the license suspension.

You also might not know whether your case qualifies for supervision or whether a conviction will disqualify you from driving relief programs. These are not simple questions, and the wrong decision at the wrong time can haunt you for years.

How a DUI Attorney Can Help You Fight Back

A qualified DUI attorney does much more than appear in court on your behalf. From the very first meeting, they’re evaluating whether the police acted within the bounds of the law. If the traffic stop was illegal, all evidence gathered afterward—including your refusal—may be suppressed.

Your lawyer can file a petition to rescind the statutory summary suspension. If that hearing is successful, you may avoid the automatic license loss entirely. That alone can be life-changing for people who drive for work, school, or family responsibilities.

Your attorney will also review video footage for inconsistencies in the officer’s report, analyze the officer’s training records, and examine whether proper procedures were followed at every step. In some cases, just one misstep by law enforcement can lead to a complete dismissal of charges.

Common Defenses in Refusal-Based DUI Cases

DUI cases built around a refusal can often be fought more aggressively because there is no hard scientific number tying you to intoxication. Common defenses include:

No Probable Cause for the Stop – If the initial traffic stop was not based on reasonable suspicion, everything that followed may be thrown out.

No Probable Cause for Arrest – The officer must have articulable facts to justify arrest. If their reasons were vague, exaggerated, or contradicted by video footage, you have a strong defense.

Inaccurate or Misleading Police Report – Officers often rely on boilerplate language to justify their actions. Your attorney can confront these inconsistencies in court.

Medical or Physical Conditions – The officer’s observations (like unsteady gait or bloodshot eyes) may have a medical explanation unrelated to intoxication.

Refusal Was Not Voluntary – If the officer pressured you, failed to explain your rights, or misled you, the refusal may not be valid evidence.

Why Field Sobriety Tests Are Not as Reliable as You Think

Part of the reason people refuse field sobriety tests is because they are often flawed. These tests rely on subjective observations. Fatigue, nerves, anxiety, age, weight, or medical issues can all influence performance.

These tests are not videotaped in every case, and the officer both administers the test and decides whether you “passed” or “failed.” That’s a built-in conflict. Even under ideal conditions, many sober individuals fail these tests. That’s why refusing them can sometimes be the smarter legal move—but it’s one that requires the protection of a lawyer afterward.

How a DUI Conviction Can Affect Your Life

Even a first DUI conviction in Illinois can affect your life for years. You’ll lose your driver’s license for at least a year, face insurance rate hikes, pay court costs and fines, and possibly complete mandatory classes or community service. For some, it could mean job loss or professional license problems. For others, it means years of hardship and stigma.

If you refused the field sobriety test and are now facing DUI charges, you owe it to yourself to fight for the best possible outcome. A clean record is worth defending—and your future is worth protecting.

Call David L. Freidberg—An Attorney with Real Experience in Chicago DUI Defense

At The Law Offices of David L. Freidberg, we know what’s at stake. Our team has helped clients throughout Chicago, Cook County, and surrounding counties fight DUI charges—especially in refusal cases. We understand the pressure you’re under, and we’re ready to defend your rights and your reputation.

Our approach is aggressive, detailed, and client-focused. Whether your goal is to avoid a conviction, protect your license, or pursue alternative sentencing, we’ll fight for your best outcome.

We offer free consultations 24/7, and we’re ready to talk whenever you are.

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.