I Don’t Know What I Would
Have Done Without Him...
Should I Hire a Chicago DUI Attorney if I Refuse a Field Sobriety Test?
Understanding DUI Arrests and Field Sobriety Refusals in the City of Chicago
Chicago is a world-class city known for its cultural influence, diverse neighborhoods, and constant motion. But for all the energy and opportunity this city provides, it also enforces its laws rigorously—especially when it comes to DUI offenses. If you’ve been stopped by police in Chicago and refused to perform a field sobriety test, you may already be facing legal uncertainty. One of the most important questions you can ask yourself at this stage is whether to hire a DUI defense lawyer. The answer is yes—and here’s why.
In Illinois, field sobriety tests are not mandatory. You are legally allowed to refuse them. However, refusal can still lead to serious consequences. The officer may arrest you based on other observations, and prosecutors can still charge you with DUI under 625 ILCS 5/11-501. A DUI in Illinois can be classified as a Class A misdemeanor for a first offense but may become a felony under certain conditions. If you refused the test, the prosecutor may argue that you did so because you were impaired. Without legal guidance, the odds quickly stack against you.
Chicago police officers often conduct DUI traffic stops late at night in busy areas like River North, Wrigleyville, and the Loop. These stops frequently include a request for field sobriety testing. These tests, such as the horizontal gaze nystagmus, walk-and-turn, and one-leg stand, are highly subjective and not always reliable. If you refused, it may have been because you didn’t trust the fairness of the process. But now, that decision may lead to a court date, driver’s license suspension, and even criminal charges.
What Happens Legally When You Refuse a Field Sobriety Test in Illinois
Illinois law does not require you to submit to a field sobriety test. However, refusing the test does not mean you won’t be arrested. Under 625 ILCS 5/11-501, a police officer can make an arrest for DUI if they have probable cause. This could be based on observations such as the smell of alcohol, slurred speech, bloodshot eyes, poor driving behavior, or any number of other factors.
While a field sobriety test may have provided more direct evidence, your refusal doesn’t protect you from being charged. In fact, prosecutors may argue that you refused because you knew you were impaired. The Illinois Vehicle Code allows prosecutors to use your refusal as part of their case to establish guilt.
For a first-time DUI offense, you could face a Class A misdemeanor, which carries a potential penalty of up to one year in jail, fines up to $2,500, mandatory alcohol education classes, and community service. Your driver’s license may be automatically suspended for one year under 625 ILCS 5/6-208.1 for refusing chemical testing, even if you’re never convicted of the DUI itself.
If this is not your first offense, or if aggravating circumstances are present—such as a minor in the vehicle, bodily harm caused, or a prior felony—then the DUI can be charged as a felony, up to a Class 4 felony or even a Class 2 felony under 625 ILCS 5/11-501(d). These carry longer prison terms and higher fines, as well as more severe long-term consequences.
The Criminal Trial Process for DUI Cases in Chicago
Once you’re arrested in Chicago, your case typically begins with an initial bond hearing at the Cook County Criminal Courthouse. A judge will set bail and release conditions based on the details of your case. If you refused field sobriety testing, the officer’s narrative will play a central role in this stage. The judge may also order you to undergo alcohol evaluation or pretrial monitoring.
After bond court, your case proceeds to arraignment and pretrial hearings. During this time, your defense attorney will request police reports, bodycam footage, squad car video, breathalyzer data (if one was eventually taken), and any witness statements. In cases where no field sobriety tests were conducted, the credibility of the officer’s observations becomes even more important—and even more open to challenge.
Your attorney may file a motion to suppress evidence. If your refusal of the field sobriety test was followed by an unlawful arrest or traffic stop that lacked probable cause, this motion could eliminate the prosecutor’s ability to proceed. If the case moves forward, it may result in a plea agreement or go to trial.
At trial, the state must prove beyond a reasonable doubt that you were impaired. Without a field sobriety test or breath result, the prosecution relies almost entirely on circumstantial evidence. That creates opportunities for the defense—if your attorney knows how to take advantage of them.
The Evidence Prosecutors Use Without a Field Sobriety Test
When a DUI arrest lacks field sobriety tests, law enforcement and prosecutors must rely on alternative evidence. This can include the officer’s personal account, dashcam footage, body-worn camera recordings, witness statements, and any results from a chemical test you may have taken later at the police station.
In cases where no chemical test was taken either, the prosecution may still proceed under the “under the influence” standard. Illinois law allows a DUI charge to be sustained if there is sufficient evidence that your ability to drive was impaired by alcohol or drugs—even without a specific blood alcohol content (BAC) level.
This is where cross-examination and constitutional scrutiny become powerful tools. If the arresting officer failed to document key observations or omitted details that contradict the narrative presented in court, a skilled defense lawyer can highlight those weaknesses.
Your attorney may also challenge how the arrest was conducted, whether Miranda rights were read, and whether video evidence supports the officer’s claims. Any missteps in the handling of your case can serve as grounds for suppression, reduction of charges, or dismissal.
Why Hiring a Chicago DUI Attorney Is Absolutely Essential
Refusing a field sobriety test in Chicago doesn’t make your case simpler—it often makes it more legally complex. Without straightforward results from field testing, the prosecutor’s case hinges entirely on other forms of evidence. That means your defense lawyer’s ability to interpret and dismantle that evidence becomes even more critical.
An experienced DUI attorney will immediately review the facts of your stop, assess probable cause, and begin preserving critical evidence like video footage and police communications. They’ll challenge the legality of your detention, question the reliability of officer testimony, and argue to keep weak evidence out of court.
In many cases, hiring a defense attorney leads to reduced charges, shorter license suspensions, or alternative sentencing programs like supervision or court-monitored treatment. Without legal counsel, you’re left to face aggressive prosecutors alone—and you may not know which rights you’ve forfeited until it’s too late.
A defense lawyer doesn’t just represent you in court. They serve as your legal shield at every stage of the process. From pretrial hearings to plea negotiations and trial defense, their presence can be the difference between a conviction and a second chance.
Legal Defenses That May Apply If You Refused a Field Sobriety Test
There are a number of effective legal defenses that may apply when no field sobriety test was conducted. One of the most powerful is lack of probable cause. If the officer didn’t have a legitimate reason to initiate the traffic stop, or if the arrest was based on weak observations, then the case can potentially be thrown out.
Another key defense centers on the officer’s conduct. If their narrative contradicts the video footage or lacks details that support impairment, your attorney may file motions to suppress or argue for a bench trial where judicial scrutiny is heightened.
In some cases, medical conditions or fatigue may have mimicked signs of impairment. In others, poor weather or poor lighting could have affected driving behavior. Without a field sobriety test, the state must do more work to prove impairment—and that often works in your favor if you have a strong attorney.
Choosing the Right DUI Lawyer in Chicago: What to Ask
The attorney you hire should have real experience with DUI defense in Chicago—not just general criminal law. You want someone who knows the ins and outs of Cook County courtrooms and has defended field sobriety refusal cases before.
Ask the attorney:
- How many DUI cases involving refusal have you handled in Chicago?
- What was the outcome in those cases?
- Do you regularly file motions to suppress?
- Will you personally handle my case, or will someone else?
- How accessible are you between court dates?
Look for someone who is direct, responsive, and focused on results—not someone who makes vague promises or hands your case to a junior associate. The right lawyer will make it clear they’re in your corner, and they’ll have a plan from the start.
FAQs: Field Sobriety Refusals and DUI Charges in Chicago
Is it legal to refuse a field sobriety test in Illinois?
Yes. Field sobriety tests are voluntary. You are not legally required to perform them, and refusal alone is not a criminal offense. However, refusal can still be used by the prosecution to argue that you were impaired.
Will I lose my license for refusing a field sobriety test?
Not directly. Refusing a field sobriety test does not automatically suspend your license. However, if you also refuse a chemical test (breath, blood, or urine), the Secretary of State will issue a statutory summary suspension of your driving privileges under 625 ILCS 5/11-501.1.
Can I be convicted of DUI without a field sobriety test?
Yes, you can still be convicted. Prosecutors will use officer observations, video evidence, and any chemical test results (if available). However, the lack of a field sobriety test can create opportunities for your defense attorney to challenge the sufficiency of the evidence.
What are the penalties for a first-time DUI in Illinois?
A first offense is typically a Class A misdemeanor. It can result in up to one year in jail, a $2,500 fine, court supervision, alcohol education, and a license suspension. Aggravating factors can increase penalties.
Can a lawyer get my DUI charge dismissed if I refused testing?
It’s possible. Success depends on the specific facts, including the legality of the traffic stop, arrest, and the strength of the prosecution’s evidence. An experienced attorney may be able to file successful motions or negotiate a favorable outcome.
Should I hire a lawyer before my first court date?
Absolutely. The earlier you get a lawyer involved, the better your chances of protecting your rights and achieving a favorable outcome. Don’t wait until your arraignment to start preparing your defense.
Why You Need The Law Offices of David L. Freidberg
A DUI case with no field sobriety test is winnable—but not without aggressive legal advocacy. At The Law Offices of David L. Freidberg, we’ve defended hundreds of clients across Chicago and the surrounding counties facing DUI charges after refusing tests. We know what to look for, and we know how to challenge the state’s case from the start.
With decades of criminal defense experience and 24/7 availability, we’re ready to defend you immediately.
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.